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(영문) 대구지방법원 서부지원 2014.06.13 2014고단175

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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 June 19, 2012, the Defendant received a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on June 19, 2012, and a fine of KRW 6 million as a crime of violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on May 6, 2013.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM5 car;

On December 9, 2013, the Defendant, while under the influence of alcohol on 0.276% of blood alcohol content on 13:51 on December 9, 2013, had a road of one-lane in front of the Geumsan Station located in the Yangsan Station, which was driven by the Defendant to the front of the Geumsan Station.

Anyone is prohibited from driving under the influence of alcohol, and since there is a place where the center line of yellow solid lines is installed, anyone engaged in driving service has a duty of care to thoroughly see the front city and to safely operate the train in a safe manner.

Nevertheless, the Defendant neglected this and caused the Defendant to suffer salt, tension, etc. by taking the front portion of the Dmer Truck truck truck truck vehicle driven by the victim C (the age of 43) who was driven by the opposite part as the front part of the Defendant’s passenger vehicle by neglecting it.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

2. Around 13:51 on December 9, 2013, the Defendant was driving a vehicle BM5 vehicle without obtaining a driver’s license while under the influence of alcohol content of approximately 0.276% from the 1 Km section to the front road of the Geumju Station located in the same Ri, which is located in the front of the Geumsan Station, on the front side of the Geumsan Station, which is in the front side of the Geumsan Station, on the two-round 13:51 of the Road Traffic Act.

Accordingly, the defendant is a person who has violated Article 44 (1) of the Road Traffic Act not less than twice and is under the influence of alcohol again.