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(영문) 대전지방법원 2012.11.09 2012고합304 (2)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On March 10, 2012, at around 04:10 on March 10, 2012, the Defendant driven the said car with a alcohol concentration of 0.210%, and led to the driving of the said car in front of the modified Doma-dong in Seo-gu Daejeon, Seo-gu, Daejeon along the direction of the Doma-dong distance, along one lane between the two-lanes.

At the time, she is placed at night, and there is a road in which the center line of yellow solid lines is installed, so there was a duty of care to reduce speed according to normal driving direction and accurately operate steering devices and brakes to prevent traffic accidents.

그럼에도 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 이를 게을리한 과실로 진행차로를 이탈하면서 중앙선을 침범하여, 마침 반대편에서 안골네거리 쪽으로 편도 2차로 중 1차로를 따라 직진하던 피해자 D(여, 24세)이 운전하는 E 마티즈 승용차의 운전석 앞부분을 피고인이 운전하는 승용차의 운전석 앞부분으로 들이받아, 그 충격으로 위 마티즈 승용차가 2차로 쪽으로 튕겨 나가면서 마티즈 승용차의 운전석 왼쪽 옆부분으로 2차로를 진행 중이던 피해자 F(64세)이 운전하는 G 쏘나타 택시의 조수석 앞부분을 들이받게 하였다.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim D, who is a driver of Mtz car with approximately 13 weeks of medical treatment, such as a franchising, closed, etc., on the left-hand side of 7 and 8 hours of medical treatment for about 5 weeks to the victim H (W, 30 years of age) who is the passenger of the said passenger car, and suffered injury, such as an injury to the victim I (22 years of age) who is the passenger of the said passenger car, for about 6 weeks of medical treatment to the victim I (22 years of age), and for about 2 weeks of medical treatment to the victim J (22 years of age) who is the passenger of the said passenger.