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(영문) 대전지방법원 2013.10.17 2013고단3133
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 20:10 on July 8, 2013, the Defendant, while driving the Cpoter freight vehicle, was under the influence of alcohol level 0.172% in front of the Seodaemun-gu in Geumsan-gu, Geumsan-gun, Geumnam-gun, Geumsan-gun, and the Defendant was under the influence of alcohol level 0.172% in blood alcohol level, and the Defendant was under the influence of alcohol level 101 and was under the influence of alcohol level, making it difficult for the Defendant to walk with the vehicle coming from the drinking apartment.

At the time, since it is night and there are many vehicles and pedestrians around the entrance road into the apartment zone, a person engaged in driving service has a duty of care to safely check the rear side well.

Nevertheless, the Defendant neglected this and got the victim to go beyond the road by receiving the front part of the front part of the electric scooter for the disabled who was on board the victim D (n, 46 years old) who was under the influence of alcohol and was under the influence of normal driving due to the difficulty of driving under the influence of alcohol as seen above, without discovering the front part of the electric scooter for the disabled.

As a result, the Defendant suffered injury to the victim, such as brain salvin and right salvin, which require treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the survey report, the survey report on actual condition, the statement on actual condition of the driver, and the medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The probation and the order to attend a lecture shall be sentenced to a fine not exceeding twice the suspended execution of five times due to drinking or driving without a license.

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