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(영문) 대구지방법원 2015.05.14 2015고단577

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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. Around November 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (driving on a sound driving) driven a vehicle with a Copba 0.156% alcohol concentration by driving the vehicle into a Copbapool, and 2, Daegu Northern-dong Do, Daegu Northern-dong, a secondary line of the two lanes ahead of the northwest-do distance in the large area, led to the direction of the ancient zone in the direction of the Lering market.

In such cases, a person who operates a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant was negligent in the course of duty in driving while under the influence of alcohol while normal driving is difficult due to negligence in the course of duty, and was driven by the victim D (the age of 55) in the same direction as above, and received the front side part of the Daegu E-Sa private taxi driving in the same direction as the front side part of the Defendant’s driver’s left-hand-hand driving vehicle, and suffered injury to the victim, such as catitis for about three weeks of treatment.

2. The Defendant violated the Road Traffic Act (Non-accident) at the above date, at the above location, and at the above location, did not take necessary measures by obtaining the right side side part of the Daegu Ebea private taxi driving by the victim D as the front side part of the Defendant’s driving car, and then making the said private taxi available for repair costs equivalent to KRW 1,022,382, such as exchanging the right side of the vehicle in front of the right side, and immediately stopping the vehicle without checking the details of damage so as not to cause any danger and obstacle to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Statement of the status of the driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (review reports related to measures not yet taken after an accident);

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.