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(영문) 대구지방법원 2014.10.02 2013고단4264

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 14, 2013, at around 00:40, the Defendant, while driving the said cargo in a state where normal driving is difficult due to alcohol of 0.198% of blood alcohol concentration, was demanded from the victim E (the age of 29) who was a policeman belonging to the first East-gu Police Agency, to control the drinking driving and drive the said vehicle.

At the time, since it is night and there is a narrow way that does not distinguish the two lines, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the surrounding area and accurately manipulating the steering gear and brakes.

Nevertheless, the defendant, by negligence of neglecting the alcohol and neglecting it, tried to reverse the right fall of the victim's right fall in front of the driver's seat in front of the above cargo vehicle.

Ultimately, the Defendant, as seen above, suffered from the elegative injury requiring medical treatment for about two weeks due to the negligence of driving a vehicle while normal driving is difficult due to the influence of drinking.

2. Around 00:40 on June 14, 2013, the Defendant driven B Poter Cargo Vehicles with a blood alcohol concentration of 0.198% while under the influence of alcohol around D Beauty Offices located in Daegu-gu Seoul-gu.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the holder of B Poter Cargo.

On June 14, 2013, around 00:40, the Defendant driven B Poter freight cars not covered by mandatory insurance, in front of D Beauty rooms located in Daegu-gu, Daegu-gu, Seoul-gu.

4. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the competent authorities;

The Defendant around February 2, 2013, Daegu Northern-gu.