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(영문) 대전지방법원 천안지원 2015.06.29 2015고단618
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Violation of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment (Death or Injury caused by Dangerous Driving) (the Defendant is a person engaged in driving a BP car.

On December 6, 2014, the Defendant driven the said car while under the influence of 00:04% of alcohol level 0.14%, and proceeded along the two-lane road in front of the “Seonghae apartment” located in the two-lanes northwest-gu in the westwest-gu, Seocheon-gu, Seocheon-gu, Seosan-gu.

At that time, the location was night and the signal signal was cross-distance, so in such a case, a person engaged in driving a motor vehicle has a duty of care to live well in the traffic situation of the front bank and to prevent accidents in advance by safely driving the motor vehicle in accordance with traffic signals.

Nevertheless, the Defendant neglected this and went to the left turn at the straight line, and the Defendant received the full left part of the driving car of the victim C(52 years old) driving under the new code at the direction of the proceeding.

Ultimately, the Defendant suffered injury to the above victim C, such as brain salva, which requires treatment for about three weeks due to occupational negligence, and injury to the victim E (the 31 year old and female) who is the above taxi passenger, for approximately ten weeks of treatment.

2. Around 00:04 on December 6, 2014, the Defendant was under the influence of alcohol by 0.14%, the Defendant driving a BFD car at the section of about five kilometers from the roads front of the mutual influence house located in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu to the roads front of the “WWnan apartment” located in the same pair-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A host driver, an assistant driver, and a host driver;

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