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(영문) 대구지방법원 서부지원 2015.03.10 2014고단1878

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who is engaged in driving a Bio car.

On November 06, 2014, around 21:20, the Defendant was driving in the direction of Daegu prison on the surface of the old underground map where normal driving is difficult, such as under the influence of alcohol content 0.130%, the Defendant was driving in the direction of the Daegu prison on the surface of the mouth, where he was under the influence of alcohol content 0.130%.

The Defendant was negligent in driving a central line in the influence of alcohol, and the Defendant’s vehicle driven in front of the Defendant’s vehicle at the seat of Daegu prison, resulting in the Defendant’s injury of the victim C(38 years old) driving in the direction of Gura Underground Road at the seat of the Daegu prison, and the victim E(0 years old, 40 years old,) who was boarding the halog car at the front of the halog car at the seat of the Daegu prison, and suffered approximately two weeks of medical treatment for the victim C and the victim E(5 years old, 40 years old, respectively.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Violation of the Road Traffic Act (driving on a sound driving) the Defendant driven the instant scenario vehicle at a level of 50 meters under the influence of alcohol concentration of 0.130% from the road before the boomed Domined Dobbb and the road before the Yannam-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A written diagnosis of victims;

1. Application of Acts and subordinate statutes to investigation reports (as to submission of a victim C diagnosis report);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.