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(영문) 대전지방법원 공주지원 2016.06.24 2015고단453

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The defendant is engaged in driving a Brane car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before it is dangerous).

On September 6, 2015, the Defendant operated the said car while under the influence of alcohol 0.232% in blood around 00:50 on September 6, 2015, and led the Defendant to proceed with the national highways No. 36 in the Cheongyang-gun, Chungcheongnamyang-gun, under the influence of alcohol 0.232% in the direction of settling the national highways No. 36 in the Cheongyang-gun.

At the time, there was night and there was a center line of the yellow solid lines, so in such a case, the driver had a duty of care to reduce the speed for the person engaged in driving service, to properly see the right and the right while keeping his own car line, and to accurately operate the steering direction and the system, and to safely drive it.

Nevertheless, Defendant 1, as seen above, was negligent in the course of performing duties due to the occupational negligence of the center line in which it is difficult for Defendant 2 to drive a motor vehicle under the influence of alcohol, which led to the left-hand side of Defendant C(42) driving of the victim C(S) who was in the process of driving the motor vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim C, on the right side of the dog, etc. requiring approximately three weeks of medical treatment on the part of the victim E (e.g., 52 years of age), and inflicted on the victim E (e.g., base base and tensions for two weeks of medical treatment on the part of the passenger F (e.g., 53 years of age), and inflicted on the victim G (53 years of age) who is the passenger, with injury on the part of the passenger, such as base and tension for two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Violation of the Road Traffic Act (drinking driving) by the Defendant is on the section of approximately 5 km from the rith to the national highways No. 36, as set forth in paragraph (1), of the same day, the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do.