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(영문) 대전지방법원 천안지원 2015.06.18 2014고단1739
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than five 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. The Defendant is a person who is engaged in driving a motor vehicle B in driving a motor vehicle.

On September 21, 2014, the Defendant was under the influence of alcohol with 0.132% of blood alcohol concentration around 23:20 on September 21, 2014, and the Defendant driven the said car and made the three-lane road in front of the etroke-dong, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu to turn to the left at the ecogncy of Asan.

At the time, it was installed at night, and there was a signal apparatus at a front door, so in such a case, the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and has the duty of care to prevent the accident in advance by safely driving the motor vehicle, such as paying attention to the passage of other motor vehicles in the signal apparatus and the front door.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn left in violation of the signal and received the part of the victim C(59 years old) driving in accordance with normal signals from the opposite lane to the right side of the Defendant’s vehicle as the part on the right side of the Defendant’s vehicle.

Accordingly, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, caused by negligence in the above business, resulting in injury to the victim, such as climatic salt in need of approximately two weeks of treatment, and caused the victim E (the 42-year-old) who is the above taxi driver, to suffer injury, such as climatic salt and tension for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol by 0.132% of the blood alcohol concentration at the time and time set forth in the preceding paragraph, the Defendant driven a motor vehicle in the preceding port from the front of the restaurant for the “Neine water hydrogen” located in the Tran-gu, Seog-gu, Seoan-gu, Seoan-gu, Seoan-gu, to the front of the horse specified in the preceding port.

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