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(영문) 대전지방법원 천안지원 2016.09.20 2016고단1305

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B in the drive of the vehicle B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On June 1, 2016, the Defendant, while under the influence of alcohol content of 0.242% during blood transfusion 0.25% on June 1, 2016, had the Defendant turn to the left at the 6-lane of the main line from the page of the printing creative distance to the 6-lane of the printing creative distance.

Since the location is an intersection where signal, etc. is installed in the front side, there was a duty of care to prevent accidents by safely driving the driver prior to entering the intersection, such as thoroughly examining the right and the right before entering the intersection, complying with the signal, etc.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 직진 신호를 위반하여 그대로 좌회전한 과실로 마침 교차로를 뱅뱅 사거리 방면에서 인쇄 창 사거리 방면으로 신호에 따라 정상적으로 직진하고 있던 피해자 C(43 세) 이 운전하던

D The front part of the Switzerland-si was driven by the Defendant in front of the left part of the Switzerland-si driving by the Defendant.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (35 years old) by driving the vehicle for about two weeks, such as dump tynasium, tension, etc., which requires two-day medical treatment, and suffered injury to the victim E (35 years old) who was on board the damaged vehicle, such as dumnasium, which requires two-day medical treatment, respectively.

2. On June 1, 2016, the Defendant, while under the influence of alcohol at around 23:5 on a blood alcohol level, driven B SP-type car from the 700-meter section to the shooting distance of the women’s hall located in the same Dong-dong, Seoan-gu, Seoan-gu, Seoan-gu, in the state of alcohol leveling 0.242%.