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(영문) 대전지방법원 홍성지원 2014.06.17 2014고단217
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

On October 23, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1 million as a fine at the Seoul Southern District Court on May 3, 2010.

1. Around 06:20 on March 14, 2014, the Defendant driven a Bbe-crick-type car under the influence of alcohol content of about 1.5 km from the road front of the Mabb-gu, Mab-gu, Chungcheongnamnam Budget, to the road front of the CNF-ro, which is located in the same Myeonamsan-gun, to the road front of the construction of the CNF-ro.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

2. The Defendant is a person engaging in driving a passenger car as stipulated in the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 14, 2014, at around 06:20, the Defendant driven the said car under the influence of alcohol as set forth in the foregoing paragraph (1) and proceeded with the roads prior to the CNN construction, which is located in the Chungcheongnam-nam Budget-gun Simsan, Susan-do.

At the time, the defendant was followed by the c (72 years old) driving of the victim C (72 years old) driving prior to the same room, so the person engaged in driving service had a duty of care to live well and safely drive the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking and was negligent in proceeding as it is, and received the rear part of the Track as the front part of the said car.

Ultimately, the Defendant suffered injury, such as Dam crym cages, including three cage cages, which require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

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