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(영문) 대전지방법원 천안지원 2016.02.17 2015고단1880
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of 2 months in Seoul Northern District Court on August 19, 2014 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused before and after danger). The above judgment was finalized on the 27th of the same month and is currently in the grace period.

[Criminal facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Cuss car.

On October 4, 2015, the Defendant driven the said car under the influence of alcohol content of 0.140% among blood transfusions on October 22:37, 2015, and led the Defendant to drive the said car along the two-lanes from the brea-dong boundary to the New Chang-dong boundary.

At the time, vehicles are in front of the night and at all times, so in such a case, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol as above, and there was a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as ensuring the safety distance with the preceding motor vehicle, making the safety of the safety distance with the preceding motor vehicle thoroughly.

Nevertheless, by negligence while driving while under the influence of alcohol, the Defendant: (a) taken the part of the part of the victim D(43) following the E-cab in the previous victim D(43) driving into the front part of the said lux vehicle; and (b) caused the shock between the victim F(20 years old) driving vehicle and the previous luxing vehicle.

As a result, the Defendant: (a) had the passenger of the foregoing Kaskn vehicle H(29) receive approximately three weeks of injury, such as the bones of the bones (influences); (b) caused the victim D to suffer injury, such as climatic salt and tensions, which requires approximately two weeks of treatment; and (c) caused the said passenger I (42 years of age) to suffer injury, such as the impairment of the fluor’s face face that requires approximately two weeks of treatment; and (d) caused the J (influor, 41 years of age) to provide approximately two weeks of treatment.

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