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(영문) 대전지방법원 홍성지원 2015.06.24 2015고단121
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. On April 16, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court as of April 16, 2007, and a summary order of KRW 2 million with the same crime in the same court on August 18, 2010.

On December 20, 2014, the Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act more than twice, and (b) was driving C rocketing car under the influence of alcohol of about 800 meters in a section of approximately 0.178% of blood alcohol concentration from the front of a restaurant in the trade name and aesthetic sense in the Dansan-gun of the Chungcheongnamnam Budget-gun to the front of the new 2-lane.

2. 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 rocketing or other car.

On December 20, 2014, at around 00:10, the Defendant driven the said car under the influence of alcohol, as described in the foregoing paragraph 1, and proceeded from the office of Geumcheon-gu Office to the Songsan-do, Seosan-gu, Chungcheongnam-gu, Seoul.

Since there is a T-type T-type distance, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly examining the traffic situation of the front side and by safely making a left- or right-hand turn-hand turn.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally due to the influence of alcohol, such as red, string, walking, etc., and neglected to do so, and caused the said rocketing car to fall into the course by leaving the road on the road.

As a result, the Defendant suffered from the victim D(30 years of age) who was accompanied by the said rocketing car due to the above occupational negligence, for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs; 1.

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