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(영문) 대전지방법원 2013.07.24 2013고단452
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2012, at around 16:25, the Defendant driven a CM5 vehicle while under the influence of alcohol content of about 0.154% in the section of about 4km from the road front of the Ginwon parking lot located in the Geumwon-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads front of the agricultural warehouse located in the same Myeonriri, the Defendant driven the CM5 vehicle under the influence of alcohol content of about 0.154%.

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 CM5 vehicle;

On November 22, 2012, the Defendant driven the said car with a blood alcohol content of 0.154% 0.154%, while under the influence of alcohol on November 22, 2012, and led to a road of one-lane road in front of the agricultural warehouse in Geumsan-gun, Geumsan-gun, Geumsan-gun, to proceed as the breath of the Geumsan-do Office.

Since the place is a road where a yellow-ray center line is installed, a person engaged in driving service has a duty of care to prevent traffic accidents by maintaining his own car line well without breaking the center line.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol as above and took part on the left-hand side of the victim D(50 years old) E-Poter trucks, which took place in the opposite direction due to the negligent negligence over the center line, as the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as the inside of the right joints and the joints of the victim, for about 10 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A medical certificate;

1. Application of related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury resulting from dangerous driving) as to the crime under Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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