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(영문) 대구지방법원 2017.03.23 2016고단6388

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 golf car B.

On November 19, 2016, the Defendant driven the said car under the influence of alcohol level of 0.180% from blood alcohol level of 01:45 on November 19, 2016, while driving the said car, and driving the front road located in Daegu-gu C from the four-distance outflow to the four-distance four-way radius, the Defendant became a U-turn in order to proceed to the opposite line.

There is a place where a U-turn is not allowed, so in such a case, there was a duty of care to make a U-turn at the place where the U-turn is permitted for the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, proceeds in two lanes following that he received the front part of the victim E(52) FF taxi that was driven in a one-lane in the same manner as it was due to the negligence of the Defendant’s negligence while driving, from the front part of the Defendant’s driving car.

G Driving has received the front part of the vehicle in front of the Defendant’s driving car in front of the left side of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and sustained injury to the victim E, such as brain salva, which requires a three-day medical treatment, such as dynasium, etc., the Defendant suffered injury to the victim I (the 40-year old-age-old victim), such as cynasium, tension, etc. in need of a two-day medical treatment, and suffered injury to the victim J (the 36-year-old passenger), who is the passenger of the said high-speed car, for approximately two-day medical treatment, such as dynasium and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the occurrence of a traffic accident by G or J;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) regarding the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the driving of alcohol) concerning the crime;