(영문) 청주지방법원 2013.05.22 2013고단404

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자간(%)

(영문) 청주지방법원 2013.05.22 2013고단404

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant is a person engaged in driving C Mt Motor Vehicles;

On December 27, 2012, the Defendant driven the said vehicle under the influence of alcohol of 0.19% of the blood alcohol concentration of 01:40%, and led the Defendant to drive the said vehicle along the direction of the opening distance from the edge of the waterside, along with a opening report in the opening of the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At the time, it was difficult to keep the center around the night, so in this case, there was a duty of care to safely check the front side and the left and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to drive normally under the influence of alcohol and failed to discover the E-to-face driving of the victim D (the age of 45) who is proceeding in the mathum bank due to the negligence of neglecting it, while driving normally is difficult for the Defendant, and received the back part of the above O-to-face driving part as the front part of the passenger vehicle.

As a result, the Defendant suffered injury to the victim, such as a shoulder damage, which requires approximately six weeks of medical treatment due to such occupational negligence, and at the same time damaged the above Oral Ba in a way that it would amount to KRW 1,248,000 as repair cost.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a CM car;

At around 01:50 on December 27, 2012, the Defendant driven the said car under the influence of alcohol content of 0.199%, and started from the place specified in paragraph (1).

At the time, it was difficult to keep the victim F (28 years of age) around the night, and in such a case, there was a duty of care to look at the front side and the right and the right of the driver of the motor vehicle and to safely proceed by avoiding the victim.

Nevertheless, the Defendant is drunk.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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