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(영문) 대구지방법원 경주지원 2016.01.20 2015고단632

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in the operation of BMW X5 automobiles.

On June 14, 2015, the Defendant, at around 20:45, had a 0.141% alcohol concentration among the blood transfusion so that it is difficult to drive normally due to the influence of alcohol due to the influence of alcohol such as 0.141% under the influence of alcohol, and, at the time of racing, had the road on the two-lanes of the gropule glym nick-distance nick-distance from the side of the racing run at a speed of unspeed at the speed of time depending on the side of the side of the racing.

At the time of night, there was a duty of care to prevent various traffic accidents by safely proceeding with the driver of the vehicle, such as reducing speed and helping the front door well, since it is a four-distance intersection where signal lights are installed.

Nevertheless, the Defendant neglected to do so and neglected to stop in the signal atmosphere and received the parts of the victim C(27) driver's lurbed car, following the Defendant's bMW X5 car, and the front right part of the Defendant's bMW X5 car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as a escape from the back of the door, the left-hand side, etc., which requires approximately seven weeks of treatment.

2. On June 14, 2015, the Defendant: (a) driven BMW X5 cars while under the influence of alcohol content of about 0.141% from the section of approximately 3km to the road in which the 3km of 0.141% alcohol level is under the influence of alcohol on the part of the blood at around 20:45, Ulsan-si, Ulsan-si, Ulsan-si, Seoul Special Metropolitan City, for the accounting string of the salary table for the speech-gu, Plsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. The circumstantial report on drivers of drinking alcohol, notification of the results of regulating drinking driving, and investigation report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident vehicles and photographs at accident scene;

1. Relevant provisions of the Act concerning facts constituting an offense;