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(영문) 대구지방법원 2016.06.09 2016고단1508
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2016, the Defendant driven BM520 automobiles at the section of about 400 meters from the direction of the 400-meter alcohol concentration to the road in front of the Southern-gu Seoul Metropolitan Government Seoul Metropolitan City, which is located in the front of the Taeduk Culture Center, in the direction of about 0.153%, while under the influence of alcohol concentration among blood, around 01:35.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving a vehicle BM520.

On March 20, 2016, the Defendant driven the said car on the front of the Taeduk Culture Center, which is the front of the Daegu Southern-gu, Daegu-gu, Seoul-gu, and continued to drive the said car at an indefinite speed along the two-lanes of the four-lane road.

At that time, there was a duty of care to operate as a safe speed and method by accurately operating the operation and steering gear as another motor vehicle is proceeding in the same direction on the front side.

Nevertheless, the Defendant neglected to drive the vehicle at the right side to overtake the vehicle that is driven on the front side due to such influence of alcohol as above, while changing the steering gear to the right side to overtake the vehicle that is driven on the front side, the Defendant did not avoid driving cars of the victim C (28 tax) that was driven on the front side of the same course, and the Defendant received the part back of the vehicle driving by the lower part of the driver’s left side of the vehicle.

Ultimately, Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as a flaging of the flag of the upper left-hand hand, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in the primary business, traffic accident photographs, actual condition survey reports, and medical certificates;

1. Article 148-2 (2) of the Road Traffic Act concerning the crime and Article 148-2 of the same Act concerning selective punishment;

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