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(영문) 대구지방법원 2015.06.30 2015고단920

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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. Around 04:00 on November 5, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.256%, and the Defendant driven a e-learning car within approximately 2km from the 2km section to the front road located in C in the middle-gu Daegu Jung-gu Fire Station in Daegu Jung-gu, Daegu-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) the Defendant driven the front road D in Daegu-gu, Daegu-gu, by driving the said vehicle from the border to the Taepon distance on the side of the large zone.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

그럼에도 불구하고 피고인은 위와 같은 주의의무를 게을리 한 채 술에 만취하여 정상적인 운전이 곤란한 상태에서 그대로 운행한 과실로, 승객을 태우기 위해 정차하여 있는 피해자 F(58세) 운전의 G 쏘나타 택시의 뒷범퍼 부분을 위 모닝 차량의 앞범퍼 부분으로 들이받고, 그 충격으로 인해 위 쏘나타 택시가 앞으로 튕겨나가 그 앞에 정차 중이던 피해자 H(55세) 운전의 I 쏘나타 택시의 뒷범퍼 부분을 재차 충격하게 하였다.

As a result, the Defendant suffered injury to the victim F, such as catum fat, which requires treatment for about two weeks, and injury to the victim H such as datum fat, etc., of the bones of trees requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and H prepared (a statement of traffic accident status);

1. Each written diagnosis (F, H);

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site inspection table, on-site inspection map, and on-site inspection report;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.