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(영문) 대구지방법원 영덕지원 2016.08.10 2016고단117

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 22, 2011, the Defendant was released on March 28, 2014 and was released on May 12, 2014 when he was sentenced to imprisonment for one year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Yeongdeungpo District Court’s Young-gu District Court’s territorial support.

1. The Defendant is a person who is engaged in driving a vehicle CP in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 7, 2016, the Defendant driven the said car with alcohol content of 0.22% 0.22% while under the influence of alcohol around 21:45 on May 7, 2016, and led the Defendant to proceed from the ririthal side of the road front of the E-road located in Gyeonggjin-gun, Ulsan-gun.

At this point, there was a center line of yellow solid lines, so in such a case, there was a duty of care to see the front line to a person engaged in driving of a motor vehicle, observe the bus line, and safely drive the motor vehicle in advance to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant committed a central line because he was unable to properly operate the steering and brakes properly, and got the victim F (n, 39 years of age) who was placed on the front room due to negligence that failed to operate the steering and brakes properly, to go beyond the floor of the said car.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as cutting the upper part of the upper part of the upper part of the body, which requires treatment for about five weeks.

2. A violation of the Road Traffic Act (drinking driving) driving a spectrum vehicle under the influence of alcohol with a maximum of 00 meters alcohol concentration of 0.22% from the 50-meter section to the place where an accident described in paragraph 1 occurred on the road located in the post-Ying-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul Special Self-Governing Province at the time and time specified in paragraph 1.

Summary of Evidence

The defendant's legal statement F reports the occurrence of a traffic accident in the police statement protocol, the report on the detection of the driver at the main place, and the driver at the main place.