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(영문) 대전지방법원 2015.02.03 2014고단3746

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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. On September 28, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violating the Road Traffic Act at the Daejeon District Court on the grounds of the violation of the Road Traffic Act. On February 3, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the Gwangju District Court on the two occasions on February 3, 2012, but on August 5, 2014, the Defendant driven a 68 Do road near the D Do road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with the influence of drinking alcohol concentration of KRW 0.212%.

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 a motor vehicle E sod;

On August 5, 2014, at around 14:42, the Defendant driven the said car while under the influence of alcohol of 0.212%, and led to the operation of the said car to proceed with the 68 local highway near the D cafeteria located in Geumsan-gun, Geumsan-gun, into the Jinsan-Eup area.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant neglected this and was driven by G G that the injured party F (the 49-year-old age), who was under the influence of drinking while it is difficult for the Defendant to drive a car normally due to the influence of alcohol, and was driven by the Defendant as a part of the front seat of the driving seat of the car.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim H(60 years of age) who was on the part of the victimized vehicle for about two weeks, such as satise fat, etc., in need of approximately two-day medical treatment; injury to the fatum fat, etc., in need of approximately two-day medical treatment; injury to I (48 years of age); and injury to the J (31 years of age) who was on the part of the Defendant driving the vehicle, such as catum fat, tension, etc., for about two weeks of medical treatment.

(i) the evidence;