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(영문) 대구지방법원 2015.06.18 2015고단924

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

The defendant is a person engaged in driving a CNS car.

1. On January 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while normal driving is difficult due to the influence of drinking that reaches 00:39% of blood alcohol concentration, and led the Defendant to drive the said car on a one-lane basis, driving the said car under the influence of drinking that reaches 0.182% of the blood alcohol concentration, and driving the intersection of the only distance from the pandeside distance toward the cross-section.

Since there are several honds of the intersection, there was a duty of care to keep the hond line well while driving the hond, and accurately manipulate the steering and brakes so as to prevent accidents from spreading.

Nevertheless, due to the negligence of neglecting this, the victim D (the 44 years old), who is directly in accordance with the vehicle moving signals in the vicinity of the crosswalk that goes beyond the direction of the path, conflict with the front part of the above NAS car operated by the defendant, which is the front part of the vehicle driving by the defendant.

As a result, the Defendant caused the victim D to suffer from the above occupational negligence, such as brain crime requiring treatment for about 10 weeks, damage to the left-hand snow room, etc., and damage to the victim F (M, 32 years of age) requiring treatment for about 3 weeks.

2. The Defendant, while under the influence of alcohol level of 0.182% at the temporary border under the preceding paragraph, was driving the said vehicle within a section of approximately one kilometer from the front of the KBS Broadcasting Station near the Daegu Water-gu EsP (KBS) Broadcasting Station to the said point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Each written diagnosis;

1. A report on detection of a reemployed driver, a report on the de facto statement of a reemployed driver;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.