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(영문) 대구지방법원 경주지원 2015.06.10 2015고단325

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for a term of one year and two 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a vehicle B i30;

On March 25, 2015, at around 23:20, the Defendant driven the said car in a state where it is difficult to drive it normally, such as influencing and smelling alcohol concentration of 0.167%, without accuracy, due to the influence of alcohol, and drinking, and led the two-lane road along the visible distance in the Bohngu-dong of the racing City to make a right-hand line along the direction from the direction of the old yellow distance.

At the time, the road was bended by the rain where the central separation unit is installed at night, so in this case, there was a duty of care to reduce the speed in advance and safely drive the person engaged in driving service to prevent the accident from spreading.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving without lowering the speed and was found to have been in the front part of the left-hand part of the said car, which was planted in the Central Separation Group.

As a result, the defendant suffered from the victim C (the age of 28) who was on the top of the car operation for about 10 weeks of medical treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. On the date and time set forth in paragraph (1), the Defendant driven the said vehicle under the influence of alcohol by 0.167% in the section of about 5 km from the vicinity of the bus terminal located in the Simn Seo-gu, Simn-si to the front day of the said visible distance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Reports on the occurrence of traffic accidents, reports on traffic accidents, actual survey records, site photographs, and photographs, such as vehicles, and circumstantial statements of the driver at the time;