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(영문) 대구지방법원 2017.06.29 2017고단1794

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 28, 2012. On November 14, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

[Criminal Facts]

1. Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven a Dunch-free vehicle at approximately 500 meters from the front side of the Daegu Suwon-gu Franchiscison to the front side of the Daegu Suwon-gu Franchiscison, under the influence of alcohol level of 0.173% in around 22:21 on March 1, 2017, when he/she was under the influence of alcohol at around 315.

2. On March 1, 2017, the Defendant was under the influence of alcohol leveling 0.173% of the blood alcohol level from around 22:21 on March 1, 2017, and the Defendant was driving Dunching vehicles, and proceeding at a e-distance range from the e-distance bank to the e-distance e-distance e-mail, while stopping at an intersection near the 3315 E-Walth E-Walth E-Walth E-Walth E-Wal, Daegu, as the e-grathbb in the e-mail-gu.

Since a signal, etc. is installed and traffic control is performed, the driver of the motor vehicle has a duty of care to prevent the occurrence of accidents by driving the motor vehicle safely in accordance with the new code.

However, the Defendant was negligent in the course of driving a motor vehicle while under the influence of alcohol at the time, and driven the motor vehicle without operating the brake because he was unable to properly operate the steering gear, and around that time, the Defendant continued to drive a G (27 years old) driving of the victim E (34 years old) with the left part of the motor vehicle of the victim E (34 years old) who was standing on the opposite line in accordance with the new subparagraph, and continued to drive the motor vehicle after the victim's vehicle.