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(영문) 대구지방법원 김천지원 2014.07.23 2014고단580

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

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

On February 22, 2014, around 18:35, the Defendant driving the said car under the influence of alcohol level of 0.279% on the roads leading to the Geumsung Tech, which are under the extension of the Geumcheon-si Office of America, with the influence of alcohol level of 0.279% on the blood alcohol level, and led the Defendant to drive the said car under the influence of driving under the influence of normal operation.

At this point, there is a center line of yellow solid lines, so in this case, a person engaged in driving service has a duty of care to safely drive the center line and to safely drive the center line.

Nevertheless, as above, the Defendant got out of the opposite direction due to the negligence of driving the center line in a situation where normal driving is difficult due to the influence of drinking, the part behind the left side of the victim C(Y, 44) drive DFD car and the left side side of the Karen car was taken out as the front side of the Karen car.

As a result, the Defendant suffered injury to the victim, such as saves and saves, which require approximately two weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Request for appraisal of blood alcohol concentration, request for appraisal, report on appraisal and written appraisal, and report on the primary driver (investigative record 41 pages);

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, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up a long-term punishment);

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

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture has been punished several times for the same or similar crimes for sentencing of Article 62-2 of the Criminal Act;