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(영문) 대전지방법원 홍성지원 2014.04.23 2014고단164

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:44 February 27, 2014, the Defendant driven B 2 cargo vehicles under the influence of alcohol with approximately 5km alcohol concentration of 0.182% from the road in front of 161-lane, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-do, to the blind road in front of the long-distance port.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo vehicle in the temporary border as described in paragraph (1) and proceeded with the roads adjacent to the intersection of the west-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun along the two-lanes from the west bank to the west bank.

At the time, there was a vehicle in the atmosphere near the intersection, and thus there was a duty of care to prevent the occurrence of an accident, such as running the brake system in advance, while looking at the front and maintaining the safety distance from the front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of business in the operation of the foregoing cargo vehicle while he was unable to properly operate the brake system in a state of traffic in the front place and was unable to drive the foregoing cargo vehicle normally. The Defendant failed to operate the brake system in advance on the wind that he was at the latest found the DNA typ vehicle driven by the victim C (the age of 25) (the age of 25) who was under the stop signal at the front place, thereby receiving the part on the back part of the above low-est vehicle.

After all, the Defendant, as seen above, driven under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered bodily injury, such as light fat, which requires treatment for about two weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of actual condition, statement of actual condition of an employee, report of an employee with the status of an employee with the status of an employee with the status of the employee;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act and the point of death or injury caused by the selective driving of a punishment: Specific crimes; and