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(영문) 대전지방법원 천안지원 2016.11.22 2016고단1472
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 27, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on October 27, 2008. On December 8, 2008, the above court received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On December 4, 2009, the above court received a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving).

The defendant is a person who is engaged in the operation of the ESFI or other car.

On May 5, 2016, at around 15:12, the Defendant driven the said car with a blood alcohol concentration of 0.142% 0.14%, and 347 km away from the Busan Fung-si located in the direction of Busan Fung-do, along with two lanes, proceeded at about 30 km each hour.

At the time, the above expressway was repeated and stopped of the vehicle, so in such a case, the defendant, who is engaged in the driving duty, had a duty of care to prevent the accident in advance by taking well the other vehicle's attitude in the front door.

Nevertheless, the Defendant neglected this and proceeded without reducing speed while driving at a normal time due to the influence of alcohol due to the influence of alcohol, as seen above, by negligence, which led to the failure of the victim C(the age of 49) prior to the same direction to stop the vehicle into a traffic condition, and was immediately discovered and operated, but did not avoid it, and received the part of the Defendant’s vehicle behind the vehicle.

After all, the Defendant suffered injury, such as finite finites, etc., that require two weeks of treatment to the victim E (V, 44 years of age), F (V, 14 years of age), and G (16 years of age) who was on the same part of the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. Each letter of diagnosis;

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