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(영문) 대전지방법원 서산지원 2014.04.25 2014고단111
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

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On January 16, 2014, at around 20:00, the Defendant driven the above vehicle while under the influence of alcohol with 0.225% of alcohol concentration 0.25%, and led to the two-lane road in front of the new seat-based new seat-based Mo-Eup at the time of Jinjin-si along with one-lane in budget as a budget-proof.

Since there is a road with a central separation zone and a central line, there was a duty of care to prevent accidents in advance by driving safely not exceeding the central line to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above, while driving at the center line, and flowed at the front section of the victim C(the age of 45) driving, which was driven by the Defendant due to the negligence on the part of the Defendant, the front part of the victim C(the age of 45) driving with the front part of the vehicle driving by the Defendant, and continued to receive the part of the victim E(the age of 50) driving driving with the front part of the vehicle driving by the Defendant.

After all, the Defendant suffered injury, such as cage cage cages and tensions, etc., which require approximately three weeks of medical treatment from the above occupational negligence, and the Defendant suffered injury to the above E, such as the right sussussle sussleums, etc. which require approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

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

1. Punishment;

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