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(영문) 대전지방법원 홍성지원 2013.05.24 2013고단262
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months or 2 years of suspension of execution for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on October 2, 2007. On April 13, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the same court.

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

On March 24, 2013, the Defendant driven the said car under the influence of 0.181% of alcohol concentration without obtaining a driver’s license on March 23:15, 2013, and driven the said car along the two-lane distance in front of the Taecheon-dong Taecheon-dong, Taecheon-si, Taecheon-do, Taecheon-do.

Since there is a cross-section with signal apparatus, a person engaged in driving motor vehicles has a duty of care to safely proceed with complying with the signal apparatus according to the signals of the signal apparatus.

Nevertheless, the Defendant, as seen above, did not properly observe the vehicle line in the situation where normal driving is difficult due to the influence of drinking, and took the front part of the D Lastnael taxi fronter part of the said vehicle driven by the victim C(36 years of age) who was in the right-hand turn at the right-hand turn in the opposite direction due to the negligence of driving the vehicle, and led the victim E(38 years of age) who was under the influence of driving the vehicle to shock the part of the F.M. taxi fronter part of the said vehicle driven by the victim E(38 years of age) who was under the influence of the said taxi due to the shock.

As a result, the Defendant suffered injury to the above victims by negligence in the course of performing the above duties for three weeks, and suffered injury to the victim G (24 years of age) who was on the back seat of D-si, such as d-si and tensions requiring two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A G statement;

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

1. Exemplary drivers;

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