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(영문) 대구지방법원 2014.06.19 2014고단1731

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

The Defendant also is a person who is engaged in driving of cargo vehicles.

1. On March 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous”), while under the influence of alcohol at the 0.188% of the blood alcohol concentration on the roads near the Daegu-gu Daegu-ro 67, the Defendant driven the said cargo vehicle, while driving the said cargo at a non-speed distance from the edge of the DV distance, and driving the said vehicle at a distance of 3 lanes between the 4-lane and the 4-lane distance.

At this point, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering system for those engaged in driving of a motor vehicle, because there was an intersection in the front line and the preceding vehicle stops in the signal atmosphere.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Defendant’s cargo vehicle in front of the cargo vehicle in front of the Defendant, and was driven by the victim D(the age of 24) (the age of 24) who was parked in the front of the traffic signal in front of the vehicle in front of the Defendant’s vehicle and received a part

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim, such as climatic and dump salt, which requires treatment for about two weeks.

2. At the time stated in the preceding paragraph, the Defendant driven the above cargo vehicle under the influence of alcohol of about 3km to 0.188% of blood alcohol concentration from the front of the claim apartment in Seogugu-gu, Seogu-gu to the front of the Daegu Jung-gu, Taegu-ro 67, KTWn-ro, Daegu-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The provisions of Acts and subordinate statutes governing the traffic accident report1 and the traffic accident report2 (Report on Actual Situation Investigation);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;