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(영문) 대구지방법원 서부지원 2013.05.28 2013고단362
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving C radar cars;

On March 1, 2013, at around 04:30, the Defendant driven the said car while under the influence of alcohol with 0.142% of the blood alcohol concentration, and led to turn to the left from the erode of the erode distance from the area of the high-tech cultural center.

Since there is a center line of yellow, there was a duty of care for a person engaged in driving motor vehicles to pass the center right side of the road.

Nevertheless, due to the negligence of driving a road while neglecting this, the part of the driver's vehicle in front of the left side of the driver's vehicle of the defendant's driver's vehicle is the front part of the driver's vehicle in front of the driver's vehicle. The part adjacent to the left side of the victim's D (the 47 years old) driving, which was driven by the two-lanes from the e-mail-distance off side of the e-car of the driver's vehicle of the victim D(the 47 years old) that continued to be driven by the defendant's driver's vehicle of the victim F(32 years old) that was driven by the

As a result, the Defendant suffered injury to the victim D, such as bovine spongiformiform encephalopathy, which requires a two-day medical treatment due to the influence of alcohol, due to the above occupational negligence, and injury to the victim F, which requires a two-day medical treatment.

2. Around 04:40 on March 1, 2013, the Defendant driven a Cra vehicle while under the influence of alcohol with approximately KRW 1 k-m alcohol concentration of 0.142%, up to the day front of the Ggu Seo-gu Long-term Elementary School located in the same Gu, Seogu-gu Seoul Metropolitan City in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to traffic accident actual condition survey reports and accident reports for drivers;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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