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(영문) 대구지방법원 서부지원 2016.08.11 2016고단882

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 17, 2016, the Defendant, without a motor vehicle bicycle license, driven a D Nowp leb leb leb lebs under the influence of alcohol content of approximately 0.109% from the 150m section to the front of a cafeteria “C” restaurant located in B, “C” in front of a cafeteria, Daegu-gun, Seoul-gu, Seoul-si, a Damb Domb, Inc., a Damb Hamba, Inc., in the influence of alcohol content of around 150 meters.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving DNA.

On April 17, 2016, the Defendant driven an off-line 20:40 above, and led to the left-hand turn at a speed of about 20 to 30 km from the intersection to the intersection of the "C" restaurant in Daegu-gun B. The Defendant turned to the left-hand turn at the speed of about 20 to 30 km from the intersection of the private church.

In such cases, it was confirmed whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing speed and properly examining the direction of the road, and there was a duty of care to prevent the accident in advance by safely driving the motor vehicle in accordance with the new subparagraph.

Nevertheless, the Defendant, while under the influence of alcohol level 0.109%, caused the Defendant’s failure to proceed in violation of the signal while drunk, and caused the Defendant’s left-hand side of the Victim E (30) driving, who was directly in line with the new code, to the left-hand side of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salted tensions and tensions, which require two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The proviso of Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of occupational and dental practice) concerning criminal facts.