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(영문) 대구지방법원 포항지원 2013.12.26 2013고단1173

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2006, the Defendant was sentenced to a fine for the violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on December 18, 2006, and on October 17, 201, by the same court.

On August 31, 2013, at around 05:20, the Defendant driven a B B B B B B B B motor vehicle with a blood alcohol concentration of 0.267%, and led to two-lanes along the direction from the direction of the distance to the direction of the north-gu North Korean vacant road at the port of Korea.

At this point, there is a lot of traffic of vehicles driving in the new wall market, and the defendant is followed by D Poter, which is driven by C, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly manipulating the steering direction and operation mechanism of the motor vehicle and properly manipulating the steering direction of the motor vehicle.

Nevertheless, the Defendant did not find out that the cargo vehicle was stopped due to negligence while driving the vehicle on a roadside while under the influence of alcohol, and proceeded without discovering it, and the Defendant shocked the rear part of the above cargo vehicle on the front side of the small-scale passenger vehicle.

Ultimately, the Defendant, while under the influence of alcohol, was driving a motor vehicle while it is difficult to drive the motor vehicle in a normal condition, suffered from the victim E (the age of 60) who was on board the top of the foregoing cargo vehicle, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Written consent to blood collection, response to requests for appraisal, and report on the detection of drivers;

1. A medical certificate;

1. On-site photographs;

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc.