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(영문) 대전지방법원 홍성지원 2015.10.02 2015고단759
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) led to a road in front of CY stations located in Boan City B while under the influence of alcohol level of 0.154% on May 28, 2015 at a speed of about 60km per hour, toward the side of the southpoly planned tide embankment.

The location is a three-distance intersection, and the road was at night at the night.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of alcohol, and shall accurately operate the steering wheel and brakes, etc. of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to interfere with others, and shall have the duty

Nevertheless, under the influence of alcohol, the Defendant left the road due to negligence without properly operating steering the steering gear and brakes, and shocked the seat of the traffic island, and found it late later, which is the ownership of the company Sejong Enterprise, which was parked in front of the above CY, but did not avoid it, and shocked into the front part of the said car.

As a result, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered injury to the victim FF (FF, 17 years of age) who was on the said car for about 14 days, such as inside 14 days in need of medical treatment, inside shores in need of medical treatment to the victim G (PP) for about 14 days, and the victim H (PP, 17 years of age) in need of medical treatment for about 14 days.

2. The defendant violates the Road Traffic Act. The defendant is standing on thewest Coastal Expressway at the temporary warning as referred to in paragraph (1).

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