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(영문) 대전지방법원 천안지원 2016.04.08 2016고단109

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a holder of interest on a driver of CF Launa car.

On January 24, 2016, the Defendant, on the third-lane road of the national highway No. 45 national highways, was driven by a mandatory insurance without a vehicle driver's license, driving the said vehicle in the state of alcohol concentration of 0.195 percent on the part of the city of Asan city, around 18:10 on January 24, 2016, along three-lanes from the bank room to the area of Asan city.

In this case, the defendant, who is a driver of a motor vehicle, had a duty of care to take the front side and the left side well and to accurately manipulate the steering direction and the brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to perform his/her duty at the front time, such as leaving the floor of the driver's seat and finding a telephone string, in a situation where normal driving is difficult due to the influence of alcohol as above, and neglected to perform his/her duty at the front time of the traffic in the same lane, and caused the latter part of the victim D(25 years old)'s E-ray MD car flow in the front time of the vehicle of the Defendant, and caused the shock to spread the part of the victim F (n, 40 years old)'s G K5 car flow in the front time of the same lane due to the shock.

In sum, the Defendant: (a) caused the victim D’s injury to light salt, etc. requiring approximately two weeks’ medical treatment; and (b) caused the victim F to the victim’s injury to the base base salt, etc. requiring approximately two weeks’ medical treatment; and (c) damaged the victim’s chip MD car volume owned by the Defendant Liber Co., Ltd. to be 7,981,727 won for repair; and (d) damaged the victim F’s car volume to be 3,20,481 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual condition, a report on occurrence, and each photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1.Each.