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(영문) 대전지방법원 2013.09.09 2013고단2692

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a motor vehicle B with respect to a motor vehicle B.

On June 13, 2013, at around 22:30, the Defendant driven the said car while under the influence of alcohol with 0.236% of blood alcohol concentration, and led to the flow of the three-lane road in the front of the brutotol in mountain at the brush of Sejong, the Defendant driven the said car at the speed of about 70 Km per hour from Daejeon to Daejeon.

Since there is a place where separation cost is installed, the driver has a duty of care to refrain from proceeding as an opposite lane beyond the central separation zone by accurately operating the steering direction and brake system to the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and took part of the front part of the victim C (age 46) bus driving in the direction of normal direction from the front side of the opposite direction due to the negligence going beyond the median zone and going to the opposite direction.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as climatic salt, which requires treatment for about three weeks.

2. The Defendant, in violation of the Road Traffic Act, driven the said car under the influence of alcohol concentration of 0.236% at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. An accident scene photograph;

1. Reports on detection of drivers and circumstantial statements of drivers;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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