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(영문) 대전지방법원 2013.07.11 2013고단1712

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 13, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court, and on November 1, 2010, the same court issued a summary order of KRW 2.5 million as a fine for the same crime.

【Criminal Facts】

1. Around 01:10 on April 18, 2013, the Defendant: (a) driven CCo-C car in the state of alcohol alcohol concentration of approximately 0.110% from the 10km section to the Handong-dong intersection located in the Seo-gu Seo-gu Daejeon, Seo-gu, Daejeon to the Handong-dong-dong road.

2. On April 18, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol and was driving the said vehicle on a three-lane road at the intersection near the fourth-lane in the Dong-dong, Daejeon-gu, Daejeon, along the two-lane road at the front 4-lane from the front dong, and temporarily stopped in accordance with the new subparagraph.

Since there is a near the intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to look at the front side well, observe the traffic signal, and accurately manipulate the brake system so as to prevent conjection with the vehicle in front.

Nevertheless, as described in Paragraph 1, the Defendant, while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol, such as moving a heavy red light on the face, moving off from balk due to the negligence that caused the lock while driving the vehicle while driving the vehicle in a state where it is difficult to drive the vehicle normally, and caused the said vehicle to proceed in the future, and received the part of the back falker part of the victim D (the age of 57) e-mail in the atmosphere of the victim D(the age of 57) who sent and stopped in the front.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of injury to the victim D in need of treatment for approximately two weeks, and requires approximately two weeks of treatment to the victim F (the victim 31 years of age).