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(영문) 대전지방법원 천안지원 2013.04.26 2013고단219

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2009, the defendant was punished for the violation of the Road Traffic Act(FIC) and the violation of the Road Traffic Act(FIC) in support of the Daejeon District Court on February 6, 2009 by imprisonment with prison labor for 6 months, suspension of execution for 2 years.

【Criminal Facts】

The defendant is a person who is engaged in driving a DPcar car.

On February 7, 2013, at around 01:55, the Defendant driven the said car under the influence of alcohol with 0.188% of alcohol level 0.18%, and proceeds along the two-lanes between the two-lanes of the Handong apartment and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road located in the new bank in the south-

The three-lanes have changed from the above private distance to the three-lanes.

In such cases, a driver who changes a lane has a duty of care to prevent accidents in advance by safely changing the lane while taking into account the traffic conditions of the lane intended for such change.

Nevertheless, the Defendant’s negligence of changing the lane under the influence of alcohol, which led to a collision with the driver’s seat of Franchisa taxi driving in Franchisa under the victim E (the age of 56) who was driving three lanes, with the front and rear part of the driver’s car.

Ultimately, the Defendant was negligent in neglecting his duty of care as a driver of a motor vehicle while driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered a climatic dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. A medical certificate;

1. An inquiry report;

1. Application of Acts and subordinate statutes to investigation reports (adjudgments, etc.);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) of the Road Traffic Act.