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(영문) 대전지방법원 2018.11.08 2018고단3170

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

Reasons

Punishment of the crime

On January 21, 2016, the Defendant was issued a summary order of KRW 5 million by the Daejeon District Court for the crime of violation of the punishment rate for specific crimes, etc., and is a person who is engaged in driving a rocketing car.

On August 16, 2018, the Defendant driven the said car without obtaining a driver’s license in light of around 21:06, while under the influence of alcohol 0.134% in blood, and entered the said car in accordance with the straight line with the straight line from the intersection of the corresponding hot spring station located in the area of the Daejeon Seosung-gu, Daejeon-gu, Seosan-gu, Daejeon-gu, the intersection distance of the Neong River basin in the 97, into the intersection of the suburban bus terminal.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to live well on the front side and safely proceed to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving with the median line while leaving a normal driving difficult, and was negligent in driving with the opposite lane, and received the front part of the DNA bus in front of the signal C driving in order to turn to the left on the two-lanes facing the said vehicle.

Ultimately, the Defendant suffered injury to the victim E (V, 17 years of age) and the victim F (V, 17 years of age), who are passengers of the damaged bus due to the above occupational negligence, including salt, tension, etc. of the trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of F and E;

1. Certificates of diagnosis and certificates of discharge from admission;

1. Application of Acts and subordinate statutes, such as a survey report on actual condition, an accident scene photograph, etc., inquiry report on the results of crackdown on drinking driving, investigation report (report on the situation of the driver in charge), statement report on the situation of the driver in charge, and driver's license register

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) regarding the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.