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(영문) 대전지방법원 홍성지원 2015.09.16 2015고단615
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 15:05 on May 25, 2015, the Defendant driven a C low-speed car with a blood alcohol content of about 2 km from the road front of the Defendant’s house located in Chungcheong Budget-gun B to the budget Eup budget of the same military branch to the roads front of the budget post office located in 194.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol content 0.267% at the time and time set forth in paragraph (1) to drive the said car and park it in the budget post office in front of the budget post office located within the budget Eup budget of Chungcheongnam-gun.

Since there was a place where the passage of other vehicles was frequent, there was a duty of care to prevent accidents by checking the traffic situation of other vehicles by checking well before and after the moving of the vehicle as a person engaging in driving service.

Nevertheless, due to the negligence of the Defendant’s failure to properly check the surrounding traffic conditions of the rear bank under the influence of alcohol, the Defendant was driven by the victim D (the age of 46) who enters the road from the Madden Budget Office parking lot to the front right-hand part of the E-Scar driven by the Defendant. The Defendant was driven by the front part of the said high-speed car driving by the Defendant.

As above, the Defendant, while driving under a difficult condition due to influence of drinking, suffered injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. A written report from an employer to the driver;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense and the point of driving selectively: Road Traffic Act;

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