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(영문) 대구지방법원 경주지원 2016.10.12 2016고단308

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two thousand five hundred won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a rocketing car.

On February 21, 2016, at around 05:10, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.235%, with the flow of 0.25% alcohol level, with the body of 0.235%, without the body being accumulated properly, and with the string of snow, and led the two-lane national highways in front of the sales company of the E used cars in racing D from the side of racing to the port of port.

At the time, the view was set at night, and there was a road that is considerably bended to the right side. In such a case, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by driving the motor vehicle with a view to driving the motor vehicle well, accurately manipulating the brake system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, proceeds as it is, was faced with a centralized separation zone on the left side as the front side of the said car, and moved to the right side of the road.

As a result, the Defendant had the victim B (the age of 27) who was on the said car suffered multiple lives in need of treatment for about three weeks.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

B. Around 04:40 on February 21, 2016, the Defendant driven the said rocketing car under the influence of alcohol by 0.235% in the section of about 15km from the front day of the Hocheon-dong to the place indicated in paragraph (1) at around 05:10 on the same day.

2. Paragraph (1) of this Article, Defendant B

(b) Paragraph (1) above for friendship A at the time and place of entry;

(b) drive a car while under influence of 0.235% alcohol concentration as described;