beta
(영문) 대전지방법원 천안지원 2014.06.12 2013고단1596

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

Defendant,

1. Around 21:00 on October 1, 2013, the victim C (39 years old) driving that was driven by the central line due to an occupational negligence, while driving a B rocketing 3 car not covered by mandatory insurance, and driving a car at a US-style golf club in front of the new-dong Golf Golf Club at a U.S. toward the direction of use on the side of the erode in the law, and driving at an aesthetic speed, while driving the car at a 0.212% alcohol level in the middle of the blood, it was difficult to drive normally, due to the influence of alcohol level on the part of the driver’s seat, the part preceding the left side of the driver’s vehicle of the victim C (39 years old) driving, which was driven by the central line in the direction of the defendant’s driver’s seat in front of the driver’s vehicle, thereby causing injury, such as approximately six weeks in front of the driver’s seat, causing injury to the victim, such as repair cost, etc., and damage equivalent to KRW 12,548,898.

2. From the front day of the Defendant’s home located in Asia-si at the above temporary border, the said B rocketing three automobiles were driven under the influence of alcohol concentration of approximately 0.212% from the blood alcohol level to the front day of the new-school golf club located in the same new-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes of the Mandatory Insurance Act and subordinate statutes, such as a fact-finding survey report, an accident site photograph, the results of the drinking driving control, the circumstantial statement of the driver involved in drinking, the medical certificate, written estimate, and

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 151 of the Road Traffic Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes due to Destruction and Damage of Occupational Negligence shall be punished.