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(영문) 대구지방법원 김천지원 2015.01.22 2014고단1331

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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

On October 16, 2008, the Defendant was issued a summary order of two million won by a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 16, 2008, and each of the summary orders of three million won by the same court on June 22, 2010.

1. The defendant is a person who is engaged in driving of BPoter II cargo vehicles.

On September 25, 2014, the Defendant driven the above cargo while under the influence of alcohol 0.187% of the blood alcohol concentration around 12:30 on September 25, 2014, and led the front road of D in Kimcheon-si C to the right from the west side of both sides.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected to drive normally while under the influence of alcohol and neglected to do so, and was negligent in the course of driving the freight vehicle as is, and received the part of the part of the part of the victim E (the age of 45) driving.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as fluorum salt and tensions, which requires approximately two weeks of medical treatment, and the fluorite string wall that requires approximately two weeks of medical treatment to the victim F, who is the passenger of the said car, (or 40 years of age), respectively.

2. From September 12:30 on September 25, 2014, the Defendant driven B Poter Ⅱ while under the influence of alcohol with approximately 0.187% alcohol concentration at the 3km section from the roads in front of a mutually infungpdong market at Kimcheon-si to the front roads in the same city C from the roads in front of a mutually infungpdong market.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement; 1.1.