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(영문) 대전지방법원 천안지원 2014.01.02 2013고단1310

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 21:10 on July 4, 2013, the Defendant driven a B-wing truck under the influence of alcohol content of about 50 meters from the 50-meter section to the “besinland” road located in the same Dong and located in the Gansi-si, Asan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving cars and freight cars;

On July 4, 2013, at around 21:10, the Defendant, along with the two-lanes, proceeded with the “besinland” front of the “besinland,” which is in the Yongsan-si, Asan City, at an indefinite speed.

At the time, there are many vehicles parked in two lanes at night, and there is a possibility that people walking to board the above vehicle. Therefore, the driver of the vehicle has a duty of care to safely drive the front left and prevent the accident by safely driving the vehicle.

Nevertheless, the Defendant neglected to drive a vehicle in a situation where normal driving is difficult due to the above influence of drinking, and discovered the victim C (n, 35 years old) who walked along two lanes to board the vehicle parked at the time, and operated the vehicle rapidly, but did not avoid the situation, and got the victim as a part of the defendant's vehicle's chief winger, and suffered injury, such as 10, 11 times at the left-hand side of the victim requiring five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and the accident site photograph;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Etc. as to the relevant criminal facts.