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(영문) 대전지방법원 2014.09.26 2014고단2345
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

1. Around 23:20 on June 20, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driven a C body-man car in a drunken state with approximately 100 meters alcohol concentration of 0.201% from the section of about 100 meters to the front distance of the apartment, from the front of the restaurant in the trade name and aesthetic name in the Seosung-gu Daejeon Sung-gu, Daejeon to the end of 23:30 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving C body-man car.

On June 20, 2014, at around 23:30 on June 20, 2014, the Defendant driven the said car while under the influence of alcohol as described in paragraph (a), and led the two-lanes in front of the apartment, which is in the sealed name of the Daejeon Pung-gu, to proceed along the two-lanes in front of the apartment, from the basin of the flow-distance distance to the Gu rock.

In such a case, despite the occupational duty of care to reduce speed and prevent accidents by safely driving a motor vehicle by driving the motor vehicle in a safe way, the defendant neglected it under the influence of alcohol and failed to properly observe the motor vehicle in the intersection, and due to the negligence of driving the motor vehicle, the victim D (the age of 46) who was driving the motor vehicle while driving the motor vehicle in the opposite lane, received the upper part of the motor vehicle in front of the left side of the motor vehicle of the motor vehicle of the defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the victim FF (the age of 45) who was on board the said car in mountain tata, for about two weeks, such as salt, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and F;

1. A written report from an employer to the driver;

1. The actual condition survey report;

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

1. Relevant provisions concerning facts constituting an offense;

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