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(영문) 청주지방법원 제천지원 2015.10.15 2015고단371

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car;

On April 7, 2015, the Defendant driven the said car at around 00:15, and led the intersection of the Masan road in the Masan-si, Incheon Metropolitan City, to the intersection from the right side of the forest.

At the time, there were vehicles standing in the atmosphere of the distance crossing where signal lights are installed, so in such a case, there was a duty of care to safely stop the vehicle after the front of the intersection by accurately operating the steering direction and brake system while driving the vehicle at the front.

Nevertheless, the Defendant neglected this, while driving the said vehicle under the influence of alcohol as set forth in Paragraph 2, while neglecting it and driving the said vehicle under the influence of the Defendant’s normal driving due to its influence. The part behind the back of the Eststststa taxi driven by D (49 years old) (57 years old) which was driven by the victim F (57 years old) who was parked on the right side of the said taxi due to the negligence leading to the intersection by neglecting the front hour, leading to the intersection, and driving the said vehicle at the right side of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence the injury to the victim D, such as scopical and tensions and tensions that require approximately two weeks of treatment, the injury to the left-hand shoulder, which requires about four weeks of treatment to the victim F, and the injury to the victim H (the 19-year-old passenger) that caused about three weeks of treatment to the victim H (the 19-year-old passenger).

2. Violation of the Road Traffic Act (driving) The Defendant is under the influence of alcohol with a blood alcohol concentration of about 0.106% at the 2km section from the Do in the vicinity of the forest destination located in the Masan-dong at the time and time specified in paragraph (1) to the Mosan-dong, the place of traffic accident specified in paragraph (1). < Amended by Act No. 6318, Mar. 200>