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(영문) 대전지방법원 홍성지원 2015.07.24 2015고단352
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

On May 23, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on September 24, 2013, a summary order of KRW 2.5 million from the Daejeon District Court to a fine for the same crime.

1. 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 a motor vehicle with C Adold

On April 1, 2015, the Defendant driven the above vehicle while under the influence of 0.127% of blood alcohol concentration without obtaining a driver's license on April 1, 2015, and led to the speed of 80km from the side of the Red-gun red-gun, Hongsung-gun, Hongsung-gun, to the speed of 47km.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant neglected his/her duty to drive normally due to the influence of drinking, and is proceeding beyond the central line.

On the opposite direction, the victim F (33 years old) who was driven by the victim D(38 years old) who was driven by the victim D(38 years old) has been driving by the front part of the passenger car driven by the defendant, and due to the shock, the said cargo was pushed by the front part of the passenger car, and the victim F(33 years old) who was driven by the victim F(33 years old) who was driving by the front part.

Ultimately, the Defendant, by such occupational negligence, caused the victim D to suffer injury, such as brain salvin, etc. in detail that needs to be treated for about three weeks, and injury to the victim F, such as salvinites and tensions of the bones of wood, which requires approximately two weeks of medical treatment, and at the same time, caused the victim H (65 years of age) who was on board the head of the said cargo vehicle on April 1, 2015, on April 16:42, 2015, to the Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, 224.

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