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(영문) 대전지방법원 2014.01.29 2014고단31

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 12, 2013, the Defendant was under the influence of alcohol of 0.180% of alcohol content from the 100-meter section to the same GSknx oil station located in the Seo-gu Daejeon, Seo-gu, Daejeon at around 00:13, the Defendant driven the Ckknex Cor at a level of approximately 100 meters to the same GSknex.

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 the business of driving C Costaex.

On October 12, 2013, the Defendant driven the said vehicle under the influence of alcohol, as described in Paragraph 1, while driving it on October 12, 2013, and driving the three-lane road in front of the Seo-gu Seo-gu, Seo-gu, Daejeon, the change of the three-lane road in front of the main station of the GSkkk-Tex was driven at a speed of about 88K meters per hour on the face of the 4-lane from the sloped side to the one-laned side.

At the time, on-and-off lights are installed at night and in the front door, and in such a case, there was a duty of care to ensure that a person engaged in driving service is obliged to take into account the traffic situation of the frontway and to observe the restricted speed and to accurately manipulate the steering gear and brakes, thereby preventing accidents.

Nevertheless, the defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, such as a motor vehicle, such as a motor vehicle in an inaccurate and unstove distance on walking, due to the influence of drinking, caused death at around 01:00 on October 12, 2013 while driving the motor vehicle and neglecting to drive the motor vehicle, resulting in death at the right side of the victim D (the age of 41) who driven the motor vehicle without permission from the left side of the running direction due to an excessive driving by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The actual condition survey report;