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(영문) 대구지방법원 서부지원 2015.10.23 2015고단1097
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of one ton.

1. On May 18, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) operated the said cargo vehicle at a non-speed speed by driving the said cargo vehicle while it is difficult to drive the vehicle normally due to the influence of alcohol leveling to 0.175% of alcohol level from May 18, 2015.

At the time, the milch of the boom road was in the state of milch, and there was a center line of the yellow-ray with the length of the bend, so in such a case, a person engaged in driving service has a duty of care to safely operate the car by thoroughly and at a speeding the front-way, while maintaining the speed of the car.

Nevertheless, the Defendant did not carefully look at the remainder of the liquor while proceeding from the opposite side of the victim E(77 years old) driving, which had been proceeding normally from the opposite side to the Masan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. Around 18:40 on May 18, 2015, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.175%, was driving the said vehicle at a section of about 3 km up to the first road located within 2 km in the same side of the road, on the front of the 0.175% away from the Gannam-gun, Gannam-gun, Gansan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The actual condition survey report;

1. A corpse of corpse;

1. Requests for appraisal of blood with the State and blood;

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the Tramark);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 and Article 268 of the Criminal Act concerning criminal facts.

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