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(영문) 대전지방법원 논산지원 2016.08.12 2016고단290

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person engaged in driving a hurd motor vehicle B.

On March 6, 2016, the Defendant driven the said car while under the influence of alcohol 0.201% during blood transfusions on March 14:10, 2016, and proceeded one-lane from the two-lane road in front of the D-do located in C in Egsan City, to the intersection of the U.S. at the direction of the Ogsan.

In this case, a person engaged in driving service has a duty of care to accurately operate the steering system, brakes and other devices of the vehicle, and to safely drive the vehicle according to the structure and performance of the vehicle.

Nevertheless, the Defendant neglected to perform his duty at the front time under the influence of the above drinking, and led the Defendant to stop in front of the direction of the driving in front of the Defendant, and led the Defendant to the Fspher of the driving of the Victim E (SP, 55 years old), followed the car by the Fspher of the Fspher of the driving of the Victim E (Fspher, 55 years old) to the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate), investigation report (the confirmation of details of victim treatment);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend lectures and the order to provide community service order, are the same crimes.