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(영문) 대전지방법원 서산지원 2014.06.19 2014고단44

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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 the operation of a car for Dststuna2.

On December 25, 2013, the Defendant was under the influence of alcohol with 0.264% of blood alcohol concentration around 18:40 on December 25, 2013, and the Defendant was proceeding at the speed of the U.S. at the speed of two lanes from the sloping plane of the Ogsan-si, Busan-si.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with the signals by reducing speed and keeping the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal manner and was negligent in driving on the front side without putting the front side properly, and was driven by the Defendant’s negligence at the front side of the lane that was driven by a stop signal at the Defendant’s vehicle drive F. F. F. F. F. F. F. F. F. L. car was driven by the Defendant’s vehicle front-hand part.

Ultimately, the Defendant suffered two parts of the victim’s occupational negligence in need of approximately two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a report on the detection of a driver;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up a long-term punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Criminal Act for community service and order to attend lectures [the scope of recommendations] general traffic accidents in the first category (the injury caused by traffic accidents).