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(영문) 대전지방법원 천안지원 2015.11.06 2015고단655
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who drives B marina vehicles owned by the principal in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving);

At around 01:04 on February 19, 2015, the Defendant was driving on the road of three-lanes from the side of the jury of the ship to the side of the Eup/Myeon office of the ship.

Since there is an intersection where signal lights are installed, the driver of the vehicle has a duty of care to operate the vehicle in accordance with the signal or instruction indicating the traffic safety facilities.

Nevertheless, the Defendant neglected to perform the above duty of care while driving in a state of 0.129% alcohol concentration while under the influence of 0.129% and neglected to drive in a state of red signal, and caused injury to the victim, such as thalone of the mouths, etc. of the dbeet cruise cruise car driven by the victim C (34 years old) who was driving in the direction from the east of Asan City to the east of Asan City according to green signal, due to the shock of the front half of the Defendant’s vehicle, and caused injury to C, such as a thalle of the dbeet of the dbeet cruise car driven by the victim E (23 years old), which requires approximately 8-day medical treatment, for about 3 weeks.

2. At the time specified in paragraph (1) of this Article, the Defendant driven a Maz vehicle under the influence of alcohol concentration of 0.129% at a section of approximately 300 meters from the 300-meter radius from the building Asan-Eup Mazplas to the same Eup mother mountain distance from the building of Asan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by C and E;

1. Entry of the traffic accident actual condition survey report, the report on the actual state of the driver concerned, and the report on the actual state of the driver concerned;

1. Statement of the medical certificate of injury of the victims;

1. Application of Acts and subordinate statutes on the screen of an accident site photograph and a black stuff image;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.

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