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(영문) 대구지방법원 2014.09.18 2014고단3302

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) is a person engaged in driving a car in C Sp-In land.

On May 13, 2014, the Defendant driven the above car on May 13, 2014, and moved the front distance of the day-to-day watch in the Bluri-gu Blsan-dong, Daegu, to the off-to-day leburst from the front line to the off-to-face.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

그럼에도 피고인은 이를 게을리한 채 신호를 위반하여 우회전하다가 피해자가 횡단보도를 건너는 것을 뒤늦게 발견하고, 그때서야 이를 피하기 위해 급제동조치를 취하여, 제일모직 방면에서 홈플러스 방향으로 횡단하던 피해자 D(여, 64세)의 약 30cm 앞에 급정차하여 피해자를 뒤로 넘어지게 하여 우측 팔과 엉덩이를 도로에 찧게 하였다.

Ultimately, even though the Defendant suffered from a scambry, etc. of a part having a need for medical treatment for about two weeks due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as aiding the victim.

2. Around 07:00 on May 13, 2014, the Defendant driven a C Sti-type car under the influence of alcohol at approximately 6km from around 0.179% of blood alcohol concentration to the front road of the Matri-type car located in the Matri-dong 243-3, Nowon-gu, Daegu, Nowon-gu, 2014.

3. On May 13, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is under the influence of alcohol at least 0.179% of blood alcohol concentration on the road front of Matline located in 243-3, Daegu Nowon-gu, Daegu Nowon-gu, Nowon-gu.