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(영문) 대구지방법원 서부지원 2013.04.16 2013고단171

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On January 19, 2013, at around 23:05, the Defendant driven B Maz car under the influence of alcohol concentration of approximately 0.139% from the 13km section to the front road of the Korean Agricultural Technology Center located in the same military air route, which is located in the second Cheongpo-si, the second Cheongpo-si, Daegu-gu, Singu, Sinpo-si.

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 Maz car;

On January 19, 2013, the Defendant driven the said car under the influence of alcohol, as stated in paragraph (1) of the same paragraph, and led to the running of the said car in front of the Agricultural Technology Center located in the Daegu-gun Sinpo-gun, Ganpo-gun, to a speed of about 60 km from the girth of the wind to the girth of the Sinwon-Eup.

At the time, the road was bended by night and at a place, so there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol as above and was installed on the right side of the road due to negligence.

After all, the Defendant suffered injury to the victim C (V, 29 years of age) who was on the job’s part, due to the above occupational negligence, about eight weeks of injury to blood transfusion, etc. due to the external wound so far as there is no open room for treatment, and about three weeks of injury to the same D (29 years of age) such as cerebral sye, etc. for which detailed treatment is required for three weeks of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Each traffic accident report;

1. Each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury resulting from Dangerous Driving) and Articles 148-2 (2) 2 and 44 of the Road Traffic Act concerning the criminal facts;