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(영문) 대전지방법원 2014.09.29 2014고단2315
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 B-learning car.

On June 3, 2014, at around 23:50, the Defendant driven the said car while under the influence of alcohol of 0.193% of blood alcohol concentration, and driven the said car toward the intersection from the direction of the Galma-dong along the two-lanes of the five-lane road in front of the Habang 19-3, Seo-gu, Daejeon.

Since the place is an intersection where signal lights are installed and there is a vehicle in the signal signal, there was a duty of care to prevent accidents by avoiding the front vehicle stopping in the signal signal line, the front, rear, and left and right of the direction for the driver of the motor vehicle, and by accurately manipulating the steering direction and the brake system, in order to prevent accidents.

Nevertheless, the Defendant neglected to drive normally under the influence of alcohol, and was negligent at the latest operated by the Defendant at the latest, and the part of the back-setting part of the victim CM7 car was committed as the front-hand part of the Defendant’s driving car.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim C, such as salt, tension, etc. of the bones of verte, which requires medical treatment for about three weeks, on the part of the elbow part of the elbow part of the above victim E (the son, the son, the son, and on the part of the elbow part of the elbow part of the elbow part of which requires medical treatment for about three weeks, and on the F (the 6 years of age), suffered injury, such as salt, tension, etc

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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