(영문) 대전지방법원 2015.11.03 2015고단2719

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(영문) 대전지방법원 2015.11.03 2015고단2719

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 becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 24, 2015, at around 05:30, the Defendant driven the said car while under the influence of alcohol with 0.160% of the blood alcohol concentration, and led to the operation of the said car in front of the Burdrid distance in the multiple Dongs of Daejeon to the direction of the oxygen distance from the multiple sides of the road.

At the time, the Defendant was under the influence of alcohol to the extent that he was under the influence of alcohol and the signals installed therein, so in such a case, a person engaged in driving of a motor vehicle should not drive the motor vehicle, and in the inevitable case of driving, there was a duty of care to observe the signal and to safely drive the steering direction and the brakes by accurately operating the steering direction and the brakes.

Nevertheless, the defendant neglected this and neglected to turn to the left according to the normal signal due to the negligence of violating the signal, and received the left part of the E-high speed car driving by the victim D (the age of 62).

As a result, the Defendant suffered injury to the victim D, by negligence in the course of business as seen above, in light of the influence of alcohol, such as light drums, tensions, etc. in need of medical treatment for about three weeks, and the Defendant suffered injury to the victim FF (the age of 60) who was on board the said high-speed car in need of medical treatment for about two years.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Each written diagnosis;

1. A report on detection of primary drivers;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2 (2) 2 and Article 44 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the lower limit under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply; and

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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