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(영문) 대구지방법원 2013.06.27 2013고단2697

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On September 21, 2006, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on February 26, 2010, a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act.

1. Around 08:10 on March 9, 2013, the Defendant driven Creck-do Motor Vehicle under the influence of alcohol by 0.110% in the section of about 10km from the Do in front of the Defendant’s house located in Yongcheon-si B to the road in front of the Do in the same city of Yacheon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving CV car.

On March 9, 2013, the Defendant driven the said car on March 08:10, 2013, which led to the operation of the said car to the front of the Gandong High School in Yongcheon-si.

At the time, the Defendant, as described in paragraph (1), was in a state of difficulty in driving normally, such as in-depth and unbrupted distance, and there was a road where the center line of yellow solid lines is installed, and thus, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as complying with the vehicle line and accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(32 years of age) who was driving the said road at the jurisdiction of the Young-dong High School by neglecting the center line, and was driven by the victim D(32 years of age) from the front part of the said eK5 taxi driver's seat, and caused the said taxi to take the front part of the said ekedon car, which was parked on the right side of the road, and caused the said taxi to take the front part of the driver's seat and the front part of the car that was parked on the road.

Ultimately, the Defendant is drinking as above.