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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2219
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 of a motor vehicle B with low investment.

On September 11, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.192% among the blood transfusions on September 11, 2016, and led the Defendant to drive the said vehicle in the direction of the hospital in the direction of the Meet in the direction of the Dju located in Northern-gu, Seoan-gu, Seoan-gu.

At this point, there is a duty of care to reduce speed to those engaged in driving service and ensure a proper distance by making pedestrians well see the situation, as pedestrians walk along the road frequently because there is no distinction between the roadway and the delivery, and commercial buildings are densely concentrated, so there was a duty of care to ensure proper distance.

Nevertheless, the Defendant neglected to do so while driving at a speed without considering the situation of pedestrians, and took the right knee part of the victim E (18 years old) driving on the right side road due to negligence of pedestrians, and took the front kne part of the Defendant’s vehicle. The part of the victim F (19 years old) which was driven along with the above E was followed by the front kne part of the Defendant’s vehicle.

After all, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of alcohol, and suffered injury such as multi-effort typosis, etc. which requires two-day medical treatment to the victim E, and injury to the victim F, such as the need for two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Punishment;

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