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(영문) 대전지방법원 천안지원 2015.01.23 2014고단1377
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) shall be engaged in driving CYF carbon of other automobiles;

On May 23, 2014, at around 01:40, the Defendant, while under the influence of alcohol of 0.148% of blood alcohol concentration, proceeded at the speed of 30 km per hour on the road in front of the “E” located in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City.

At the time, the center line of the yellow-line is installed at night and at the same time, so a person engaged in driving service has a duty of care to thoroughly operate the front-way and to safely operate the car line.

Nevertheless, the Defendant neglected this and went beyond the central line, and she was the victim F(51) and the victim G(43 years old) who walked on the opposite line on the road.

The Defendant, while driving a vehicle in a state where normal driving is difficult due to drinking, suffered from serious injury, such as serious brain dystrophism, two frameworks, etc., and cerebral dystrophism in need of medical treatment for about 12 weeks, and suffered from injury to the victim G, such as brain dystrophism requiring medical treatment for about three weeks.

2. A violation of the Road Traffic Act (driving) was under the influence of alcohol by the Defendant at a temporary border of 0.148%, the Defendant driven a CYFna car in the section of about 4 km from the front of a restaurant in the trade name and aesthetic part of Sincheon-gu, Dongcheon-gu, Dongcheon-gu to the front of the “E” located in the same Gu D from the day on which the Defendant was under the influence of alcohol concentration of 0.148%.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. An accident scene photograph;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes of a written statement of intention (whether serious injury is requested), request and reply, and investigation report (Evidence List No. 29);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime.

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