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(영문) 대전지방법원 2017.06.09 2016고합312

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle in Grandland in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On June 28, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol at around 21:05, and driven the road of two lanes in front of the oil station in Chungcheongnam-si, Chungcheongnamnam City along the direction of the intersection in the direction of the direction of the intersection.

At the time, the Defendant, prior to the same direction, was followed by the Victim F (48 S) Gone Star car in the same direction. In such a case, the Defendant had a duty of care to ensure the safety distance to be avoided in the event that the said car stops.

Nevertheless, the Defendant neglected to do so and did not properly look at the situation of the said Car Starting in front of the Defendant, and did not secure the safety distance due to negligence, caused the part concerning the back part of the said Car Starting to the front part of the Defendant’s driver’s vehicle, which was parked for the signal waiting. Accordingly, the Defendant got the said Car Starting to the front part of the victim’s H(41) driver’s vehicle which was parked on the two-lane right-hand side by allowing the said car to be pushed down in the future.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim F and H, such as light dump, which requires approximately two weeks medical treatment.

2. On June 28, 2016, the Defendant interfered with the performance of official duties, as described in paragraph 1, was driving a motor vehicle under the influence of alcohol on the front side of the E oil station located in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, as indicated in paragraph 1, and then, caused a traffic accident, and then requested confirmation of personal information from the police officer belonging to the I District of the Asan Police Station, who was called out after receiving 112 report, and carried the arms and bodies of the saidJ in both hands.