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(영문) 대구지방법원 서부지원 2015.09.22 2015고단1212

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 drives a car owned by B in the course of business.

1. On August 4, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol in the direction of a candle in a state where normal driving is difficult due to the influence of alcohol in the direction of KCT NN on the ground that Daegu-gu Simgu was down on August 4, 2015, and blood alcohol concentration 0.157% (0.157%).

The location is where the center line of yellow solid lines is installed, and a person engaged in driving service has a duty of care to prevent accidents by driving safely in accordance with good faith.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the victim D(35 years of age) E-Wood vehicle from the victim D(E), which is driven in the opposite direction due to the Defendant’s negligence, from the front part of the Defendant’s driver’s vehicle, and suffered injury, such as salt, tension, etc., for about two weeks of treatment due to the shock.

2. While the Defendant was under the influence of alcohol at a rate of 0.157% (0.157%) of blood alcohol concentration in the same date as the above "1", the Defendant driven the said car at a section equivalent to approximately two kilometers in front of the KCRN on the street, which is set off on the street in the front of the small-gu Jina-gun's ground located in the Gu of Daegu-gu, Singu on the street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, etc.;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes, such as a report on detection of a host driver;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confession under Article 62 (1) of the Criminal Act;