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(영문) 대전지방법원 2015.10.29 2015고단2866
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving C Poter trucks on July 21, 2015, and was driving in the direction of six lanes in the direction of the Gire-dong, Seo-gu, Daejeon.

At the time, it is a three-distance intersection in which signal lights are installed at night, so in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to properly see the erode, and to accurately manipulate the operation and steering gear of the motor vehicle, thereby preventing accidents from occurring.

Nevertheless, under the influence of alcohol, the Defendant did not see that the front vehicle is stopped in accordance with the new subparagraph, and received the back part of the Eolop Do driven by the victim D as the front part of the vehicle driven by the Defendant due to negligence, and caused the said vehicle to conflict with the Genz car driven by the victim F who was stopped in the front.

Ultimately, the Defendant driven the said truck in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as climatic salt, which requires treatment for about two weeks, and injury to the victim F, such as climatic salt, tension, etc. for two weeks.

2. On July 13, 2015, the Defendant was required to respond to the measurement of alcohol by inserting alcohol measuring instruments over about 25 minutes in an emergency room, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling in his/her entrance from H of the Busan Police Station, the traffic accident investigation department, and the traffic accident investigation team of the Daejeon Police Station, and flying a heavy gas in an emergency room, etc., while being transferred from the emergency room of the Seo-gu Daejeon District University Hospital at around 95, Seo-gu, Daejeon, Daejeon, and being treated for the same accident under the preceding paragraph.

Nevertheless, the defendant put in a drinking-free measuring instrument.

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