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(영문) 대구지방법원 2016.10.20 2016고단2517
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 9, 2008, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the crimes of violating the Road Traffic Act at the Daegu District Court on January 9, 2008, and was sentenced to 6 months of imprisonment with prison labor for the crimes of violating the Road Traffic Act at the Daegu District Court on May 4, 2010, and was in violation of the provisions on the prohibition of driving under the influence of alcohol not less than twice.

【Criminal Facts】

1. Around 20:00 on May 9, 2016, the Defendant driven a Dbee or car under the influence of alcohol concentration of about 0.190% in a section of about 3km from the roads before the Young Mangion located in the Jin-Eup, Jin-si, Jin-si, Gyeongsan-si, to the front road in the border-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaged in driving a motor vehicle.

On May 9, 2016, at around 20:0, the Defendant driven the said car on the front road of the Gyeongsan-si, Busan-si, and proceeded at an insular speed as one-lane of the five-lane road from the front side of the Tropic three-lane.

At this point, there is an intersection where signal lights are installed, and there is another motor vehicle that stops in the atmosphere of signal signal at the front, so the person engaged in driving service has a duty of care to see the front left well and to drive in a safe speed and manner by accurately manipulating the operation and steering gear.

Nevertheless, due to the negligence that the Defendant neglected to drive in a state where normal driving is difficult due to the influence of drinking such as the above Paragraph 1, the Defendant failed to avoid the E-driving car standing in the traffic signal atmosphere from one-lane road of the five-lane roads. The Defendant shocked the front part of the car driven by the Defendant, with the front part of the car driven by the Defendant. In addition, the said franchise car is being pushed forward to the future, and in the same direction, the said car is pushed ahead.

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