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(영문) 대전지방법원 2015.12.18 2015고단3961
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is engaged in driving a Bio car.

On October 6, 2015, the Defendant driven the said car while under the influence of alcohol with 0.25% of alcohol concentration around 20:05, and led the Defendant to drive the said car at an influent speed from the surface of the mouth of Sejong Special Self-Governing City with the front road of 0000,000,000, which is located in the side of the mouth of Sejong Special Self-Governing City.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to the above influence of alcohol, and received the back part of the victim C(Nam, 39 years old) driving under the influence of the alcohol driving inspection from the front part of the scenario car, and suffered approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, the selection of a sentence for imprisonment, and the choice of a sentence;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] traffic accident in general traffic accident (the person causing a traffic accident) - Where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Aggravation of Aggravation is serious [the scope of recommendations] 8 to 1 year and six months (the scope of recommendations] - the comprehensive motor vehicle insurance for mitigation factors [the scope of suspension of execution] - The main reason for major reference: cases where negative illegality is serious.

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