(영문) 대전지방법원 2016.05.10 2016고단636

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(영문) 대전지방법원 2016.05.10 2016고단636

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 4, 2005, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on May 4, 2005, and three times the same kind of force.

The defendant is a person who is engaged in driving of a leisure car.

1. On February 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was under the influence of alcohol content 0.145% from blood around 00:50, the Defendant driven the said vehicle and made the said vehicle turn to the left at the distance of fest from the side of the street to the fest from the side of the street.

In this case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left due to the influence of drinking while making it difficult for the Defendant to drive the vehicle in a manner that it is difficult for the Defendant to drive the vehicle at a normal speed due to the influence of drinking, followed by the victim D(56 tax) (56) of the EK5 personal taxi vehicle driving on the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.145% from the section of 10 meters away from the scoodo main road in Seo-gu, Seogu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A fact-finding survey report, photograph, report on detection of the head driver, and report on the circumstances of the head driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;

참조조문

-특정범죄 가중처벌 등에 관한 법률

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