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(영문) 대구지방법원 포항지원 2016.08.24 2016고단732

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cuss car in B.

On May 30, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.144% during blood transfusions on May 16, 2016, and led the Defendant to drive the said car at the speed of 20km per hour on the apartment of the 314 cultural river-ro, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City at the port of North-do, the 314 cultural river-ro at the port of North-gu.

At the time, since the center line of yellow-ray was installed, there was a duty of care to drive safely on the front side as a person engaged in driving service.

Nevertheless, the Defendant, while neglecting this in the state of alcohol as above, was caused by the negligence of the center line of the yellow solid line, and was driven by the victim C who was driven by the opposite part of the running direction of the Defendant’s vehicle. After the left side of the Defendant’s Category C’s drive, the part of the pentum was received as the top part before the left side of the Coos car.

Ultimately, the Defendant, as seen above, driven a coo vehicle under the influence of alcohol that is difficult to drive in a normal condition, and suffered injury to the victim, such as salt, tension, etc. in the coo vehicle requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial report (whether to drive any danger), the statement report on the circumstances of driving on drinking, and the inquiry about the results of regulating drinking;

1. An accident scene photograph and a survey report on actual conditions;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act (the fact that the victim has paid five million won and agreed to pay five million won and the comprehensive motor vehicle insurance;