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(영문) 대전지방법원 천안지원 2016.08.25 2016고단559

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 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 who is engaged in driving a motor vehicle with the risk of driving the motor vehicle B.

On April 8, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.187% during blood transfusion around 05:00, while driving the said vehicle at a speed of 0.187% and driving the road of 4-lanes in front of the two-lanes of the right of indemnity at the two sides of the two sides of the road at the intersection of 4-lanes in the direction of one-lanes.

At the time, there are nights and vehicles passing along the opposite side, so the driver of the vehicle is well able to see the front door and left door and left door, accurately operate the brake and steering gear, and not to drive the vehicle in a situation where normal operation is difficult due to influence of drinking, and there was a duty of care to drive the vehicle safely with due care on the opposite side.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 반대 방면의 차량을 확인하지 않고 그대로 유턴한 과실로, 마침 맞은편 2 차로에서 진행 신호에 따라 직진하여 진행하던 피해자 C(34 세) 이 운전하는 D 1 톤 화물 트럭의 앞 범퍼 부분을 피고 인의 차량 우측 앞 범퍼로 들이받아, 그 충격으로 위 화물 트럭이 튕겨 져 나가면서 마침 3 차로에 정차 중이 던 피해자 E(52 세) 이 운전하는 F 그랜저 택시의 뒷 범퍼 부분을 위 화물 트럭의 앞 부분으로 들이받게 하였다.

Ultimately, the Defendant driven the above vehicle in a state where normal driving is difficult due to the influence of alcohol, and sustained injury to the victim C, such as multiple diversativeal coordinates requiring treatment for about two weeks, and rash diversal diversitys requiring treatment for about one week to the victim E, respectively.

2. On April 8, 2016, the Defendant violated the Road Traffic Act (driving of alcohol) is a restaurant located in the san-dong, Seo-gu, Seo-gu, Seongbuk-gu, Seocheon-gu, Incheon around 05:0.