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(영문) 대전지방법원 천안지원 2021.03.19 2020고단2914

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with B-to-purd motor vehicle.

On September 21, 2020, the Defendant driven the above car at around 22:40, and driven the road of four-lanes in front of the Seoul apartment in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, along four-lanes from the shooting distance of the playground to the Western Northern Police Station in Seoan-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as taking the traffic situation on the front side and the right side, accurately manipulating the steering wheel and brakes, etc.

Nevertheless, the Defendant neglected to do so and neglected to see the alcohol concentration of 0.204%, and neglected to drive the said vehicle in a state that it is difficult to drive under normal conditions, such as where snow is fluordated, etc., the Defendant left behind the E-learning car driven by the victim D (W, 27 years old) prior to the direction of progress on the front side of the Defendant’s vehicle while driving the said vehicle while driving the vehicle in a state that it is difficult to drive under normal conditions, such as where snow is shocked.

As a result, the Defendant suffered injury, such as salt, tension, etc., of the trend that requires approximately two weeks of medical treatment, by negligence, on the part of the victim who drives a motor vehicle of sod-called hurf in a state where normal driving is difficult due to the influence of drinking.

2. On September 21, 2020, the Defendant violated the Road Traffic Act (drinking) driving a vehicle of soft-burged B while under the influence of alcohol content of about 0.204% from the 3km section from around the main point of “G” located in the Northwest-gu, Seo-gu, Seocheon-gu, Seoul to the front road of the same Gu C apartment.

Summary of Evidence

1. The current state of occurrence of a traffic accident by Defendant’s statutory statement, report on a traffic accident, the actual state of investigation;