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(영문) 대구지방법원 경주지원 2014.10.01 2014고단421

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

1. On May 2, 2014, at around 23:15, the Defendant: (a) driven a car in Ccoon with a blood alcohol concentration of about 0.107% at a section of about 300 meters from the front day of the danran-si document, in front of the danran-si, to the road near the railroad crossing.

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 car in C Co.

On May 2, 2014, at around 23:15, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol, such as a little string distance, etc., and led the Defendant to drive the said car on the right side of the railway crossing in writing at the time of racing.

At the time, a person engaged in driving service at night has a duty of care to prevent accidents in advance by driving safely in a safe manner by taking the front door and left door well.

Nevertheless, the Defendant, while under the influence of alcohol, found the victim D (e.g., 61 years of age) coming from the opposite direction due to the negligence that did not properly look at the right and the right and the right in the situation where normal driving is difficult, and did not avoid it, but did not operate the hand on the right and the Defendant got the victim to go beyond the floor with the left shoulder part of the victim's left side due to the left side of the said vehicle.

As a result, the Defendant caused the victim to suffer bodily injury, such as cutting the body body body felbling, which requires approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Written statements of D;

1. The traffic accident occurrence report, actual condition survey report, field photo, driver's license register (A), vehicle vehicle model inquiry report, notification of the results of the drinking driving control, notification of the completion of correction, notification of completion of correction, report on the situation of the drinking driver, statement of traffic accident-related person, investigation report (Attachment of victim's diagnosis), diagnosis report, and diagnosis report;