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(영문) 대전지방법원 서산지원 2020.01.09 2019고단752

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B rocketing or a car.

On May 1, 2019, at around 19:45, the Defendant, while under the influence of alcohol, was unable to drive normally, driven the said rocketing car and continued to drive along the two-lanes from the west to the west of the D convenience point in the Western City C, along with the two-lanes from the west to the west.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes to those engaged in driving vehicles.

Nevertheless, the Defendant, while neglecting this, went to the front part of the FK3 car driven by the victim E (the age of 38) who had been driven by the victim E (the age of 38) due to the negligence that the Defendant was unsatisfed due to his negligence in the front part of the FK3 car.

결국 피고인은 위와 같은 업무상의 과실로 피해자 E에게 약 3주간의 치료를 요하는 기타 명시된 추간판전위, 무릎뼈인대(힘줄)의 손상 등의 상해를 입게 하였다.

2. Violation of the Road Traffic Act (LA) was driven by the Defendant under the influence of alcohol at approximately 11 km section from the date and time limit set forth in paragraph (1) to the D convenience point front of the DB located in the same city, Seocheon-dong lake Park, Seocheon-si, Seocheon-si, to the D convenience point in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A manual for drinking control;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Notification of the results of blood collection control;

1. Each general medical certificate;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); and Article 148-2(2)1 and Article 44(1) of the same Act (amended by Act No. 16037, Dec. 24, 201).