beta
(영문) 대전지방법원 홍성지원 2012.11.28 2012고단634

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around March 20:36, 2012, the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.117% from a 500-meter section from the front side of the Hongsung-gun Red-gun to the front side of the D principal station in Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun.

2. On March 4, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven by the said small-scale car while under the influence of alcohol level of 0.117% as a person engaged in driving the said small-scale car, and led to a speed of about 60 km per hour from the budget towards the F apartment to the budget of the said two-lane road under the influence of alcohol level of 0.38%.

At the time of night and where there is a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, the Defendant, due to the negligence of driving a central line in a state where normal driving is difficult due to the influence of alcohol, conflict with the front part of the said sub-motor vehicle in the front part of the said sub-motor vehicle, which is the front part of the said sub-motor vehicle by the opposite vehicle two lanes, and continuously conflicts with the front part of the victim I (Nam, 40 years old) driving by the opposite vehicle one lane.

Accordingly, the Defendant caused the death of the victim K (W, 59 years old), Dong passenger L (Nam and 4 years old) who is a passenger of the above options car by occupational negligence as above, and at the same time caused the death of the victim I, the driver of the above options car, and at the same time, the victim I, who is the driver of the above options car, the driver of the above options car, such as the left-hand sculverizationization of sculp, etc., which requires about 10 weeks of medical treatment, and the brain sculp, which requires about 3 weeks of medical treatment to the victim N (W, 9 years old) who is the passenger.