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(영문) 대전지방법원 2013.09.11 2013고단2318

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 who is engaged in driving a car by borrowing B.

On May 11, 2013, the Defendant, without obtaining a driver's license at around 03:40 on May 11, 201, led to the five-lane road in front of the Round Building in the Daejeon Seo-gu, Daejeon, to the side of the 5-lane off agricultural and fishery products at the 4-lane, while under the influence of alcohol at 0.256% of the blood alcohol concentration.

At the time, the Defendant was trying to change the lanes to three lanes, but the victim C (the 43-year-old truck) was proceeding on the three-lane, so in such a case, the Defendant had a duty of care to look at the right and the right and the right of the driver of the vehicle and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the truck in a state where normal driving is difficult due to influence of drinking, and neglected to change the back part of the victim's truck from two lanes to three lanes as they are, and received the front part of the Defendant's driver's vehicle, and suffered about two weeks of light fluoral salt, etc. which requires treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

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

1. Registers of driver's licenses;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the pertinent Act on the Punishment, etc. of Specific Crimes (the point of causing a danger driving) as to the crime under Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act between the crimes of violation of each Road Traffic Act at the time of making a market and the punishment imposed on a crime of violating the Road Traffic Act due

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;