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(영문) 대구지방법원 포항지원 2016.08.25 2016고단851

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

On June 17, 2016, the Defendant, while under the influence of alcohol 0.142% during blood transfusion at around 23:05, the Defendant driven a B-low-low-low-car in a state where normal driving is difficult, and driven a four-lane road in front of the modern securities located in 327 at the south-gu Posco at the port of Posco at the port, along four-lanes, toward the direction of the square from the lusium on the side of the shape.

At the time, it was difficult to secure the view at night, so there was a duty of care to reduce the speed and to see the left and right well.

However, Defendant E (the 50-year-old) was found to be late behind the victim C (the 60-year-old driver) who stops ahead of the vehicle due to the negligence of driving the vehicle while neglecting this while driving the vehicle under the influence of alcohol as above, but did not avoid it, but did not operate the hand to the left side, and the part of the driver behind the private taxi was added to the part of the victim E (the 50-year-old driver) (the 50-year-old driver) who moved directly in the same direction on the right side of the vehicle in the same direction.

Ultimately, the Defendant driven a franchise-free car in a situation where normal driving is difficult due to the influence of drinking as above, and caused the victim C to suffer approximately two-day care, such as the following as well as the sprinke and the sprinke of the sprinke in need of two-day care, and the victim E with the sprinke in need of two-day care.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A copy of each written diagnosis;

1. A traffic accident investigation report and photographs at the scene of an accident;

1. The application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol and make a statement under the circumstances of drivers;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each. ..).