(영문) 대전지방법원 2019.03.28 2018고단4469

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.03.28 2018고단4469

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

The defendant is a person who is engaged in driving a B-to-car.

On August 1, 2018, at around 23:45, the Defendant driven the said car under the influence of alcohol with 0.212% of blood alcohol concentration, and driven the front road of Daejeon-gu, Daejeon-gu, along the direction of the error distance from the west-gu, to the direction of the error distance.

At the same time, there is a place immediately preceding the intersection, and there was difficulty in securing the view at night, so the defendant engaged in driving a car has a duty of care to prevent the accident from occurring due to the failure of the accident by properly operating the front door and the right and the right and the right, and by ensuring the safety of the course by properly operating the operation system and the steering gear.

The Defendant, while neglecting his duty to drive normally due to drinking, continued to drive the vehicle in a state where it is difficult for the Defendant to drive the vehicle normally, was shocked by the part of the front part of the vehicle in front of the Defendant, which was driven by the victim D (W, 59 years old) who is in the front direction of the vehicle at the direction of the vehicle running by the Defendant, and the part of the rear part of the front part of the vehicle in front of the vehicle in front of the rocketing car, which was pushed by the victim E (W, 34 years old) who is in the front of the vehicle in front of the vehicle in front of the rocketing car.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim D such as salt, tensions, etc. of the bones of wood that requires a two-day medical treatment, the victim E, 8 years old, and G (V, 6 years old), respectively, for about two weeks of medical treatment to the victim F (V, 8 years old) and the victim F (V, 6 years old), and for about two weeks of medical treatment to the victim H (V, 41 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement by the police against H (Evidence No. 13);

1. The report on traffic accidents (the actual survey report);

유사 판례

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