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(영문) 대전지방법원 홍성지원 2015.07.24 2015고단157
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On October 30, 2014, the Defendant, while under the influence of alcohol on 0.186% of the blood alcohol concentration on 14:50% on October 30, 2014, followed the victim F (n, 60 years old) driving car in the front direction of the Hanam Budget-gun, driving the road of one-lane E in the direction of Hongsan to red direction.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to care well and safely drive the motor vehicle in front.

그럼에도 피고인은 술에 취하여 조향장치를 제대로 조작하지 못하여 중앙선을 넘어 반대편 차로로 진행하다가 위 아반떼 승용차의 동향을 잘 살피지 않고 급하게 진행차로로 다시 진입한 과실로 위 아반떼 승용차의 좌측면 뒷부분을 위 그랜저 승용차의 우측면 앞부분으로 들이받아 그 충격으로 위 아반떼 승용차가 튕겨져 나가면서 반대편 차로 가장자리에 있던 가로수를 들이받도록 하였다.

As a result, the Defendant, while under the influence of alcohol, was unable to drive normally, caused the victim to be infinite due to the damage of water by the negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report and a traffic accident report report on actual condition investigation report;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on his/her oral statement, and report on requests for appraisal;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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