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(영문) 대전지방법원 천안지원 2015.05.08 2015고단472
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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 passenger car with B low P

On December 8, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.154% with blood alcohol concentration around 22:50 on December 8, 2014, and led the Defendant to drive the said vehicle along the two lanes in front of the “D pharmacy” located in the south-gu, Dong-gu, Dong-gu, Seoul along the two lanes from the new bank room to the two dynamic bank.

At the time, at night, traffic signals are driven by signal apparatus, and crosswalks are installed on the front door. In such a case, the driver of the motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol as above, as well as the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by safely driving the motor vehicle, such as complying with the signal and accurately operating the steering gear and brakes.

Nevertheless, the defendant is divided into a red light into face and proceeds from a light light, and the strong distance is difficult to drive normally due to influence of alcohol such as drinking, and the victim E (the age of 63) who walked on the above crosswalks according to the above pedestrian signal, received the victim E (the age of 63) from the front part of the above vehicle's quantity and caused the victim to suffer injury, such as the diversification of the dynasium dynasium, which requires approximately 6 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle of approximately 3 km from the front side of a flusium located in the same Gu with a blood alcohol concentration of 0.154% at the time and time set forth in the preceding paragraph to the front side of the said D pharmacy.

Summary of Evidence

1. The defendant's legal statement 1. The actual condition survey report and field map, the occurrence report, the master-employed driver's report, the statement of the situation of the driver, the on-site investigation report on dangerous driving death and injury, the investigation report (victim E), and witness to the investigation report.

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