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(영문) 대전지방법원 2014.01.14 2013고단4349
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) the Defendant is a person engaging in driving a C Trate car

On October 1, 2013, the Defendant, while under the influence of alcohol with 00:45% of blood alcohol content, was driven by the said vehicle and proceeded to turn to the left at the right from the direction of the middle village from the Han field of Taecheon-dong, Seocheon-gu, Daejeon.

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to observe the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking, and violated the straight-on signal and left-hand turn due to the negligence of left-hand turn, followed by the victim D's Ecoon, who was straight from the direction of the Han Field Park at the direction of the Han Field Park at the left-hand branch of the car, was shocked by the front-hand part of the driver's left-hand side of the car.

As a result, the Defendant suffered from the injury of the victim D and the victim F, who is the passenger of the victim, due to the foregoing occupational negligence, the victim F, each of which requires two weeks medical treatment.

2. The Defendant, at the time and place specified in the preceding paragraph, driven a C Trate vehicle while under the influence of alcohol by 0.224% of alcohol concentration in blood at a place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Traffic accident report and accident report of an employer-employed driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Probation and community service order under the Criminal Act;

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