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(영문) 대구지방법원 김천지원 2015.01.14 2014고단1294

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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 engaging in driving a rocketing car.

1. On October 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car while under the influence of alcohol level of 0.197% on the condition of under the influence of alcohol level on October 9, 2014, and led to the driving of the said car in front of the old U.S.A. high school located in the Gu, U.S.A.A. in the Gu

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected the driving of the car, which was parked on the right side of the franchise bus, which was parked in the front side of the course due to the negligence of driving the car as it is while driving the car in a state where it is difficult to drive the car normally, such as the rain distance, etc., and received the back side of the franchise bus as the front side of the above car.

Ultimately, the Defendant, as seen above, sustained injury to the victim D (year 31) who was on the top of the operation of the said vehicle while driving the vehicle in a situation where normal driving is difficult due to influence of alcohol, by opening the inside of the inside where there is no combined certificate for about four weeks of medical treatment.

2. On October 9, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.197% in a section of about 4km from the section of approximately 4km to the front road of the old U.S. High School located in the Gu-si Do-dong in the same city-do-dong from the roads adjacent to the viewing of the Gu-U.S. P.A. on October 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, a report on the actual state of a driver, and a survey report on actual state of a driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the same Act concerning the punishment for the choice of punishment.