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(영문) 대전지방법원 홍성지원 2014.09.17 2014고단472
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

The defendant is a person who is engaged in driving a BM3 car.

1. On July 6, 2014, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.261% from the section of approximately 2km from the front of the Hongsung-gun Hong-gun Hong-gun, Hongsung-gun, Seoul, to the front of the said 3rd apartment factory hole in the same Eup/Myeon, from the front of the 2km-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, the Defendant driven the said vehicle under the influence of alcohol content of 0.261%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said car at the temporary border stipulated in paragraph 1, and drive the said car along the three-lane road in front of the Hongsung-gun Red Medical Center in Hongsung-gun, Hongsung-gun, Hongsung-gun, along the two-lanes of the two-lane road from the long distance from the long distance

Since there are three-lanes of the road, the road is bended and parked, so in such a case, the person engaged in driving service has a duty of care to prevent the collision with the vehicle parked on the road by maintaining the bus line in good manner.

Nevertheless, due to the negligence that the Defendant did not properly see the front side due to the foregoing negligence, the Defendant received the part of the left-hand part of the above SM3 car parked on the road, which was driven by the Defendant, with the front-hand part of the above SM3 car driving. Accordingly, the Defendant was left behind the left-hand part of the DK5 taxi parked on the front side of the said SM3 car.

Ultimately, the Defendant, as seen above, was driving in a state where normal driving is difficult due to influence of drinking, and caused the victim E (the age of 31) who was accompanied by the said SM3 car to suffer bodily injury, such as an unknown brain in detail, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Statement under circumstances;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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