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(영문) 대구지방법원 서부지원 2016.06.10 2016고단570
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. On March 2, 2016, the Defendant driving a BM5 vehicle under the influence of alcohol content of 0.182% in blood around 09:40 on March 2, 2016, along the two-lanes in the direction of scattering distance from the direction of scattering distance.

Since there are many other vehicles passing through this time, in such a case, the driver of a motor vehicle has a duty of care to secure a distance necessary to avoid collision with the motor vehicle ahead of it in case the motor vehicle stops suddenly.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to secure sufficient safety distance, and the victim D (33 tax) who was stopped at the front of the Defendant at the time-in-mast-in patrol vehicle of the victim D (33 tax) who was driven by the Defendant, followed the part of the Defendant’s vehicle in front of the SM5 car driven by the Defendant, and due to the shock, the said part of the vehicle in front of the instant vehicle was parked in the front.

F, after the G Poter cargo vehicle driven by the F, the part of the G Poter was placed in front of the patrol vehicle.

The Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injury of salt, tensions, etc. in the part of the outbreak that requires approximately three weeks of medical treatment to the said victim D, and suffered injury to the said victim H (52 years of age) of the bones of wood, tension, etc. requiring approximately three weeks of medical treatment to the said victim D.

2. The Defendant violated the Road Traffic Act (drinking driving) driven BM5 automobiles while under the influence of alcohol with approximately 0.182% alcohol concentration from the 1km section from the roads located in the Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City (hereinafter “Seoul”) around the same day to the roads in Daegu Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A report on the detection of a primary driver;

1. A traffic accident;

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