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(영문) 대전지방법원 서산지원 2018.05.24 2018고단98
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 of a C Poter cargo vehicle.

On September 24, 2012, the Defendant driven the above cargo while under the influence of 0.115% alcohol during blood transfusions on September 24, 2012, and led to the driving of the above cargo onto the north of Korea from the west-gun, Chungcheongnam-gun.

At this point, there is a center line of yellow-ray and a bend road. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents and drive safely by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol, and was driven by the victim F (50 Doe) who was under way in the opposite direction when she f (50 Doe) was under way due to the negligence of the central line, and received the front part of the Gunst car as the front part of the Defendant’s vehicle.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as the inside and outside of the area where the victim needs to be treated for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A report on the detection of the driver involved and response to a request for appraisal;

1. Comprehensive traffic accident analysis replies;

1. Each written diagnosis;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of imprisonment with prison labor for the crime;

1. The punishment shall be determined by taking into account the following circumstances: (a) the victim’s injury for the reason of sentencing under Article 62(1) of the Criminal Act is serious and the defendant’s negligence is serious: (b) the defendant reflects his fault; (c) there is no criminal conviction for the same kind of crime; (d) there is no criminal conviction heavier than the fine;

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