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(영문) 대전지방법원 천안지원 2015.12.17 2015고단1721

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CM5 vehicle;

On October 3, 2015, the Defendant driven the said car while under the influence of 0.194% of blood alcohol level around 23:00, and proceeded with the two-lane crossing in front of the Vice Minister of Eagu, west-gu, west-gu, west-gu, Eagu, west-gu, with two-lanes of the two-lane crossing in front of the west-gu, west-dong Convention Center.

However, since there is a place where traffic is controlled by signal apparatus, there was a duty of care to safely drive a person engaged in driving service according to signals.

Nevertheless, the Defendant neglected this and neglected to enter the left-hand signal at the above intersection, and caused injury to the victim, such as catitis, which requires treatment for about two weeks, by taking the back part of the G Mart car driven by the victim F (53 years old) at the right-hand left-hand turn pursuant to the new code at the end of the math intersection.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, the Defendant driven the said SM5 vehicle under the influence of alcohol level of about 0.194% in the section of about 5km from the 5km to the front day of the mutually unclaimed restaurant in the Dong-gu New-dong Do, Chungcheongnam-gu, Seoul Special Metropolitan City to the place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the F;

1. Entry of a statement of the status of an employer, status of the employer, and status of the employer, respectively;

1. Statement and image of the actual condition survey report;

1. Descriptions of a copy of the medical certificate;

1. Application of Acts and subordinate statutes on images of photographs;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.