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(영문) 대전지방법원 천안지원 2013.11.07 2013고단899
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On August 18, 2008, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act, a fine of three million won for a violation of the Road Traffic Act, and a fine of five million won for a violation of the Road Traffic Act in the same court on December 10, 2008, and a summary order of five million won for the same court on August 26, 2009, respectively.

【Criminal Facts】

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

On April 27, 2013, at around 12:20, the Defendant was under the influence of alcohol with 0.214% of blood alcohol content, and the Defendant was under the influence of alcohol to turn to the left at the front of the entrance of the Galsan Balsan, located at the galsan, a gradic at the gradin of the galsan

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by checking accurately whether there are vehicles that live well on the front side and the left side, and continuing to prevent accidents.

Nevertheless, the walking state in the influence of alcohol is narrow, and the walking state is due to the negligence of failing to perform the duty of her own on the front side while neglecting the duty of her own on the left side, and the part on the left side of the E car driven by the victim D (the age of 49) who was driven by the Maren-kren-kin-kacking side of the car driven by the defendant is shocking to the right-hand part of the car driven by the defendant, and the collision between the G car driven by F, which is driven by the Mag-kin-kacking side of the car driven by the victim D due to the shock and the vehicle driven by the victim D.

As such, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as brain, which requires medical treatment for about two weeks.

2. On April 27, 2013, the Defendant violated the Road Traffic Act (fluoring) from the front of a vinyl house located in a gludic acid at the pyroid on a day before it becomes a hot spring.

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