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(영문) 대구지방법원 김천지원 2017.03.15 2016고단1595
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 of the third cargo vehicle B.

On August 2, 2016, the Defendant driven the above cargo while under the influence of alcohol content of 0.188% in the blood, from the fluenite distance of Kui-si Sadong, Kui-si on August 2, 2016, and continued from the flusium room to the flusium room at the elusium.

Since there was an intersection where signal lights are installed, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, to live well on the front side and the left, and to drive the motor vehicle safely in accordance with the signals of the motor vehicle.

Nevertheless, the defendant neglected to turn to the left on the left of the vehicle due to the negligence in violation of the vehicle signal, and received the front part of the above cargo vehicle operated by the defendant on the left part of the victim C(W, 37 years old) driving, which was driven by the victim C(W, 37 years old) in accordance with the normal new code from the front side of the civil playground.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, and caused the Defendant to suffer the injury of the Defendant’s base and the left-hand shoulder, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes to internal investigation reports (with respect to the refusal of electronic signature by a driver of an accident (A), on site conditions);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] general;

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