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(영문) 대구지방법원 경주지원 2016.09.08 2016고단252

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2007, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On April 26, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime and two years of suspended execution.

5. 4. The judgment became final and conclusive, and the suspended sentence became final and conclusive on May 18, 2012, and the same date as the same crime was sentenced to imprisonment with prison labor for the same crime, etc., during the suspended execution period, and the said judgment was revoked.

On October 28, 2013, the Defendant completed the execution of the sentence in the astronomical Open Prison.

【Criminal Facts】

The Defendant is a person engaging in driving a tXG car.

1. On January 27, 2016, the Defendant was driving the said vehicle under the influence of alcohol 0.135% due to the influence of alcohol around 22:25 on January 27, 2016, and the Defendant was driving the said vehicle under the influence of normal operation due to the influence of alcohol 0.135%, and was driving the said vehicle directly from the front side of the “Djuri station” located in the Gyeongbuk-si, Chungcheongnam-si.

Since there is a frequent traffic of vehicles and a three-distance intersection where signal lights are installed, there was a duty of care to see the front door and accurately operate the steering and steering system and operate it safely.

Nevertheless, the Defendant, while under the influence of alcohol and neglecting it, tried to see the front side of the Defendant’s driver’s vehicle back to the front side of the victim E(the age of 43) Special Tracked vehicle in a stop for the signal waiting at the front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle on the two-lane roads of the Gyeong-dong, Gyeong-dong, Gyeong-dong, Gyeong-dong, Gyeong-dong, and around three kilometers from the said accident site under the influence of alcohol content of 0.135% at the time and time stated in the preceding paragraph.

Summary of Evidence

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