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(영문) 대구지방법원 상주지원 2013.05.07 2013고단38

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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 is a person who is engaged in driving of C-III cargo vehicles.

1. Around December 12:35, 2012, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of about 0.180% from the 2km section to the 0.180% alcohol level on the roads of the ean-chilling parking lot located in the cooling-dong at the time of permanent stay to the roads of the ean-chilling industry located in the mountain-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) was driven by the Defendant, as set forth in paragraph 1, at the time of his/her stay at the front of the revised maintenance and industry in the mountain-dong at the time of his/her stay, while he/she is under the influence of liquor as set forth in paragraph 1.

The two roads are bend roads with the right side of one lane, and the center line of yellow-ray is installed, so the person engaged in driving of the motor vehicle has a duty of care to thoroughly operate the motor vehicle, and to safely operate the motor vehicle in compliance with the vehicle line.

Nevertheless, the Defendant, while being under the influence of alcohol, was driven by the victim D(74) who was on the part of the residential sports site located on the part of the Haak-Eup, a part of the left-hand part of the Dok-dong Do vehicle, which was driven by the victim D(74) who was in the right-hand part of the Dok-dong vehicle, due to the negligence of the b

Ultimately, the Defendant is driving a cargo vehicle in a situation where normal driving is difficult due to the influence of alcohol as above.

The victim suffered injury, such as pressure pressure duplicating 1st century in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Copies of the report on detection of drivers and the circumstantial report of drivers; and

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Act and Article 148-2 (2) 2 of the Road Traffic Act, which provides for the choice of criminal facts and punishment;