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(영문) 대전지방법원 홍성지원 2013.09.17 2013고단505
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

On April 14, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on April 14, 2008, and on September 14, 201, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court on September 14, 201, and is engaged in driving B gallons.

On June 25, 2013, at around 15:05, the Defendant driven the above mix while under the influence of alcohol of 0.209% with a blood alcohol concentration of 0.205%, and continued to drive the above mix with a three-lane distance at the entrance of the mountain village in the Nampo-si, Nampo-si, Nampo-si, Nampo-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the operation of the motor vehicle and the motor vehicle coming from the motor vehicle.

Nevertheless, the Defendant neglected to drive a vehicle under the influence of alcohol as seen above and tried to drive the vehicle in excess of the central line to overtake the vehicle when the victim C (the age of 29) drives the vehicle by driving the D again, which was driven by the victim C (the age of 29) under the influence of alcohol, with the direction of the direction to turn to the left. However, the Defendant tried to drive the vehicle in excess of the central line in order to overtake the vehicle. However, the Defendant discovered the driving of the F concrete mixed truck driven by E in the opposite part and immediately proceeded with the back side of the driver's seat of the vehicle that the Defendant is driving while entering the vehicle again with the vehicle that was driven by the line that was driven by E in the front part of the gallon of the driver's seat of the vehicle that the Defendant is driving. In other words, the Defendant shocked the back side wheels of the driver's seat of the truck driven by E in the back part of the driver's seat of the gallon.

Ultimately, the Defendant caused the injury to the victim C, which requires approximately three weeks of medical treatment due to the above occupational negligence, to the victim G (the 46-year-old age) who was accompanied by the car at the same time.

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