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(영문) 대구지방법원 포항지원 2016.07.21 2016고단520

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. On April 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a two-lane road in the north-gu Seoul at the port of port on April 23, 2016, under the influence of alcohol concentration of 0.149% during blood, the Defendant driven a motor vehicle of Ewing and 3 common cargo vehicles at the speed of about 50km from the territorial sea along two lanes.

At the time, there was a night and a place of a three-distance intersection, so there was a duty of care to operate a person engaged in driving a motor vehicle by properly operating the brake by checking the front door well.

However, the Defendant neglected this and failed to properly operate the operation system in the above place due to the negligence of not operating the operation of the operation system, and discovered the Glearning car which was driven by the victim F while stopping in accordance with the suspension sub-paragraph 1 at the above place, and received the part of the Defendant’s vehicle driving ahead of the freight vehicle.

As a result, the Defendant, while driving a cargo in a state where normal driving is difficult due to influence of drinking, received a conical salt and a tension between the victim F and the victim H, who is a passenger of the passenger car driven by F, for about two weeks of medical treatment.

2. The Defendant was under the influence of alcohol level of 0.149% around the date and time set forth in paragraph 1, while driving the freight vehicle described in paragraph 1 at a section of about 30 km from the 31st to the above 30km away from the territorial sea of Yong-gun, Young-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The facsimile of each letter of diagnosis;

1. A report on whether to drive any danger;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing death or injury to a dangerous driving) and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.