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(영문) 대전지방법원 천안지원 2014.09.18 2014고단935
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 16:30 on May 1, 2014, the Defendant driving a B Poter, a stable, and a down-to-flobing truck under the influence of alcohol of approximately 0.229% of the blood alcohol concentration from the 3.5km section to the front road of the 1509 Madern-ro 35, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon to the 3.5km Madern-ro in the same Eup/Myeon.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving freight cars to capture B Poter, spo

On May 1, 2014, the Defendant, while driving the above cargo while under the influence of alcohol of 0.229% of alcohol concentration of 0.30%, and driving the above cargo at the speed of 16:30, the Defendant changed the course to a one-lane while driving the 1509-lane road in front of the Rose of Sharon in the West-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan City along the two-lane to the straight delivery box at a speed of about 30 kilometers per hour along the two-lane.

Since there are two-lanes of roads, in such cases, it is known that the driver of the vehicle is scheduled to change the vehicle line by direction, etc., and there was a duty of care to prevent accidents in advance by properly examining the front and rear left.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and caused a sudden change in the lane, thereby resulting in the Defendant’s negligence, which led to the victim C(43 years old), driving along one lane in the same direction, and received the right side part of the victim C (43 years old) driving with the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report, a actual condition survey report, a field photograph, a field map, a report on collection of blood from the main driver, and a report on the state of the operation of the main driver;

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