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(영문) 대구지방법원 김천지원 2014.07.17 2014고단525

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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 May 29, 2009, the Defendant was sentenced by the Daegu District Court to a fine of 2.5 million won for the crime of violating the Road Traffic Act, and a summary order of 2.5 million won for the same crime in the same court on July 26, 201, respectively.

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 C car;

On April 26, 2014, at around 23:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.186% with a blood alcohol concentration of 0.186%, and led the road in front of the upper fluoral road in the fluoral fluor of the Gu, to the upper fluoral middle school at a speed of about 30km from the fluoral fluoral c

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, but has a duty of care to safely drive the motor vehicle by checking the right and the right and the right of the motor vehicle.

Nevertheless, as long as the Defendant neglected to perform the duty of Jeonju due to the negligence of alcohol, the Defendant received the part back to the right side of the victim D(the age of 43) driving, which was carried out on the right side from the left side of the Defendant, as the part of the victim D(the age of 43) driving, which was set back on the right side of the said C

Ultimately, the Defendant driven under the influence of drinking alcohol that is difficult to drive normally, and suffered injury to the victim, such as light fluoral salt, which requires treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) once or more times, and once and at the time and place set forth in paragraph 1, driven the said C Car with a blood alcohol concentration of 0.186% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A traffic accident report, on-site photographs, reports on the actual state of a driver, a survey report on the actual state of a driver, and a photograph to photograph a black image;

1. A medical certificate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;

1. Criminal facts;