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(영문) 대전지방법원 공주지원 2015.02.10 2014고단308

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On September 28, 2006, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court on September 28, 2006, and a fine of KRW 2 million as the same crime from the Daejeon District Court on May 12, 2009.

【Criminal Facts】

1. On August 19, 2014, at around 22:48, the Defendant driven a B rocketing car with a blood alcohol concentration of about 500 meters from a section of about 500 meters from the front of the Gongju University located in the Sinju University in the same Dong-dong to the front three-way distance.

2. 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 B rocketing car.

On August 19, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.167% 0.167% at the same time and driven the car to Daejeon from the Cheongyang side, which is the front distance of the entrance of the Geumnam Park that is in the Sinju-dong at the time of public administration.

Since there is a cross-section where signal lights are installed, there was a duty of care to safely operate the driver in accordance with the signals by checking well the left and right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the duty to turn to the left from the right edge of the park set up in the red flash, the part of the driver’s seat of the victim C(A, B, 27 years old) driving of the Rash car was under the duty to turn to the right edge.

As a result, the Defendant suffered injury to the said C due to the above occupational negligence in a situation where normal driving is difficult due to influence of alcohol, such as brain salva, etc. for which detailed medical treatment for about two weeks is required, and injury to the victim E (the aged 26) who was accompanied by the said damaged vehicle for about two weeks, such as dynasium and tension of the bones of trees, etc. which require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.