(영문) 대전지방법원 홍성지원 2016.02.03 2015고단1130

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2016.02.03 2015고단1130

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a cruise car.

On September 12, 2015, the Defendant driven the above vehicle at around 02:18, and driven the alcohol concentration of 0.173% in blood, and led the Defendant to proceed to the south-west road (29 national highways) located in the Hongsung-gun Hong-gun Hong-gun Red-gun Rock, with a speed of about 125 to 130km from the red side.

At the time, there was a traffic safety sign that prohibits entry into the opposite lane at night and at the center of separation, and the restricted speed was 80 km speed, so in such a case, the driver of the motor vehicle was not allowed to drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and there was a duty of care to ensure that the driver of the motor vehicle is not obliged to drive the motor vehicle in a state where it is difficult to drive the motor vehicle in a normal condition due to the influence of drinking, to properly maintain the speed and the speed limit, and to accurately manipulate

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not turn on the speed of the road subject to prohibition of entry into the station in excess of 45 to 50 kilometers per hour, and proceeded on the opposite side by negligence by the victim D(42 ) who driven the vehicle under the influence of alcohol, received the left front part of the vehicle of the vehicle subject to prohibition of entry into the vehicle by the Defendant.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence due to the damage of the scarcity.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C-port car under the influence of alcohol content of about 7.5 km from the front road of the Yeong-gun Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front road of the Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, in the temporary border zone stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A corpse;

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-대전지방법원 홍성지원 2015.11.20 2015고단335

-대전지방법원 홍성지원 2014.07.22 2014고단331

-대구지방법원 경주지원 2018.04.03 2016가단12451

-대전지방법원 홍성지원 2015.02.03 2015고단2

-대전지방법원 홍성지원 2014.10.21 2014고단529