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(영문) 대구지방법원 경주지원 2015.05.28 2014고단959
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 23, 2007, the Defendant was sentenced to a fine of one million won or more due to a violation of the Road Traffic Act in Daegu District Court and its racing support on October 4, 2007, a fine of two million won or more due to the same crime in the same court on October 4, 2007, and a fine of two million won or more due to a violation of the Road Traffic Act in the Daegu District Court and its Daegu District Court on December 8, 2009. A person who was punished for a violation of the Road Traffic Act on December 12, 201 by a fine of three million won or more due to a violation of the Road Traffic Act in the Daegu District Court and its branch on December 12, 201.

피고인은 2014. 10. 19. 07:40경 자동차 운전면허 없이, 혈중알콜농도 0.141%의 술에 취한 상태로 경주시 외동읍 괘릉리 외동휴게소 앞 노상에서 같은 읍 연안리 연안사거리 앞 노상까지 약 3킬로미터 가량을 B 투스카니 승용차를 운전하였다.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who drives a car in business.

On October 19, 2014, at around 07:58, the Defendant classified the blood alcohol concentration into 0.141% under the influence of alcohol, and when it is difficult to drive the said vehicle in a normal condition, such as where the walking condition is big and the snow of the vehicle is shocked, and it is impossible to distinguish the vehicle in which the vehicle is stopped, the Defendant driven the said vehicle, and the vehicle was driven at approximately 3-40 kilometers per hour, depending on the two-lanes of the distance of the coast of the outer-dong, Eup, Myeon-dong, the 7th coast of the race of the racing and the Y-dong, the west-dong, the west-dong,

In such cases, there is a duty of care to prevent accidents due to the failure of accident by driving the front door well, maintaining the safety distance with the vehicle in front, keeping the traffic situation well, operating the brakes and steering gear accurately.

Nevertheless, the Defendant, due to the negligence of driving a vehicle while under the influence of alcohol, tried to see the back part of the victim C (Nam, 25 years old) who stopped prior to the left-hand side of the said vehicle, and shocked.

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