beta
(영문) 대구지방법원 서부지원 2014.10.07 2014고단1011

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

On June 16, 201, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on September 9, 2013, respectively.

1. On June 24, 2014, at around 17:25, the Defendant driven Cone Star Motor Vehicle under the influence of alcohol content of about 0.189% from the road front of the Defendant’s residence in Daegu-gu, Daegu-gu, to the intersection of the new Limul-dong in the same city, Seo-gu, Seo-gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.189% of blood alcohol concentration as above at the time stated in Paragraph 1, and 3-lanes of the road in front of the four-lane crossing of the Pluri-dong in Daegu, Seo-gu, Seo-gu, by driving the said Clone Star Motor Vehicle at the speed of about 60km from the south Pluri-gu to the direction of the luminous distance.

Since the location was near the intersection, in such a case, the driver engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system and accurately.

Nevertheless, the Defendant neglected this and was negligent in driving the victim D(the age of 42) driving in the air signal at the front of the day by negligence, and received the following part of the victim D(the age of 42) driving in the air.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial statement of a host driver, and the report on detection of a host driver;