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(영문) 대전지방법원 2014.06.26 2014고단892
특정범죄가중처벌등에관한법률위반(위험운전치사상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving Category C 2 cargo vehicles.

On December 10, 2013, at around 22:30, the Defendant driven the above cargo vehicle at a condition that it is difficult to drive normally due to influence of drinking (to be presumed to be 0.164% of alcohol concentration in blood), and proceeded with the intersection in front of the convenience store in the Jung-gu Daejeon-dong, Jungcheon-gu, Daejeon along the one-lane apartment room at the lus tower convenience point in the lus tower.

At that time, the location was cross-sections, so in such cases, there was a duty of care to reduce speed and to safely check the front left left well.

Nevertheless, the Defendant neglected this and proceeded with the above-mentioned intersection by neglecting it from the west-dong office to the west-west terminal.

The part on the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-oned-hand-oned-hand-hand-oned-hand-on

After all, the Defendant suffered from the injury of the victim F, who was on board the victim D and the damaged vehicle due to the above occupational negligence, for about two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A report on detection of a host driver;

1. Investigation report (official application of the Ba mark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime provided for in the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (competence, purchase of comprehensive automobile insurance, agreement, etc.);

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