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(영문) 대전지방법원 홍성지원 2014.10.08 2014고단501
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 July 17, 2014, the Defendant driven a B rocketing car under the influence of alcohol content of about approximately 2 km from a section of about 0.207%, 0.207%, from the road front of the Hongsung Middle School to the front road of the White Z, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun.

2. On July 17, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car and proceeded with a two-lane road in front of the White Doctriwon in front of the Mayang-gun Hongsung-gun Hongsung-gun, Hongsung-gun, Hongsung-gun, by driving the said car at around 30 km per hour depending on a one-lane from the shooting distance gate of the National Agricultural Cooperative Federation.

At the time of night, there was a vehicle in the front, which was difficult to view around the night, and thus, in such a case, there was a duty of care to prevent the occurrence of accidents, such as accurately viewing the front side and operating the brake system in advance while maintaining the safety distance with the front side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the above vehicle under the influence that the Defendant was unable to properly operate the operation of the brake system, and the Defendant was unable to stop in advance at the wind to find out the DA5 car which was driven by the victim C (the 24 years old) late due to the traffic situation at the front of the Defendant, which was driven by the Defendant, due to the Defendant’s failure to stop in advance. As such, the part on the back part of the above MF5 car was driven by the Defendant as the front part of the vehicle driven by the Defendant.

After all, the Defendant, as seen above, driven under the influence of alcohol that is difficult to drive normally and caused the victim to suffer injury, such as brain, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police post related to C;

1. The actual condition survey report;

1. A written report from an employee of an employer;

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

1. On-site photographs; 1.

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