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(영문) 대구지방법원 포항지원 2014.08.28 2014고단707

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. On May 13, 201, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 4 million for a crime of violation of the Road Traffic Act in the Daegu District Court Port Support on May 13, 201, a summary order of KRW 4 million for the same crime in the same court on September 3, 2012, a summary order of KRW 3 million for the same crime in the same court on December 17, 2012, and a summary order of KRW 8 million for the same crime in the same court on October 1, 2013.

2. Criminal facts are those who are engaged in driving of CPoter cargo vehicles.

On April 28, 2014, at around 23:24, the Defendant, without a driver's license, driven the above cargo while under the influence of 0.176% of blood alcohol level without a driver's license, led to driving the vehicle along the two-lane road in front of the Madon Agricultural Co., Ltd., in the south-gu Yacheon-gu, Seoul at port along one-lane from the side of the port driver's license test.

At night, the driver was in the state of milch and the surface was around the night. Therefore, there was a duty of care to prevent traffic accidents by driving safely while driving the driver on the front side and the left side.

Nevertheless, the defendant neglected to stop on the front side and shocked the left part of the victim D(51) E-Whn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as brain-dead, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. Inspection of driver's licenses;

1. A medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports, and other criminal records;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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