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(영문) 대전지방법원 공주지원 2015.12.18 2015고단330
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On January 4, 2013, the Defendant issued a summary order of KRW 4 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act in the public support of the Daejeon District Court on July 4, 2013 and seven times the same punishment records.

[Criminal Facts] The Defendant is engaged in driving a B rocketing car.

On September 6, 2015, the Defendant, while under the influence of alcohol at 0.219% of blood alcohol level on September 6, 2015, the Defendant driven the said car as its business, leading the intersection in front of the D public bath in C at the time of Gongju to the new apartment direction at the direction of the Gu Community Center.

At the time, it was at night and at a place, and in such a case, there was a duty of care to ensure that a person engaged in driving service should live well on the front door and the right and the right at a speed, and drive another vehicle safely.

Nevertheless, as seen above, the Defendant, while making a right-hand turn in a situation where normal driving is difficult due to the influence of drinking, was negligent in going to the opposite line within the intersection, and tried to turn to the left-hand turn at the center of the party residents center in the new apartment direction of the said intersection (e.g., 41 years old) by the victim E (e., the left-hand side of the FST5 car driving) was shocked by the front-hand part of the said car.

Ultimately, the Defendant caused the injury to the victim E, the victim G (38 years old), and H (14 years old) of the bones that requires treatment for about two weeks by occupational negligence as above, and caused the victim I (14 years old) to suffer from the injury of the flick and tension in need of treatment for about two weeks.

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.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Medical certificates/E, G, I, and H

1. A traffic accident;

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