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(영문) 대전지방법원 2013.11.21 2013고단3494
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act, and KRW 1 million as a fine at the Daejeon District Court on September 27, 2010.

1. Around 08:50 on August 15, 2013, the Defendant was driving a Chump motor vehicle with a blood alcohol content of 0.261% under the influence of alcohol at approximately 3km from the road near the mountain site near Daejeon-dong, Daejeon-dong, Seoul-dong, to the road in front of the “Ahump” zone.

2. Around 08:50 on August 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Driving”), driving the said car, and driving the two-lane road in front of the Daejeon Dong-dong, Daejeon, under the direction of Samsungdong Samsung NN-gu, in the front of the discharge area from the front of the area to the front of the discharge area, and driving the two-lane road along the speed of 20 km

Since there was a place near the intersection, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and the brake system and to prevent accidents.

Nevertheless, the Defendant did not find a victim D (year 62) taxi under the influence of alcohol while driving a stroke while driving a stroke in a state where normal driving is difficult under the influence of alcohol as stated in paragraph (1) and was negligent in driving the said stroke part of the stroke in front of the said stroken vehicle and received the back part of the stroken.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the report on the actual condition of the driver, and the medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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