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(영문) 대구지방법원 2013.09.05 2013고단4267
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The Defendant, at around 23:30 on May 13, 2013, driven a BNp motor vehicle while under the influence of alcohol content of about 90 meters from the alley-dong to the alley-dong located in the same Dong from the alley-dong of Daegu to the alley-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed by the Defendant, at the time and place of Paragraph 1, while driving the said car at a place adjacent to the alleyway, while driving the said car, and the cost was incurred due to the Defendant’s failure to yield one another’s course.

After the end of the trial, the Defendant had the victim go through the front, but the victim reported that the Defendant would be in danger, and subsequently demanded the Defendant to set off the vehicle to “I am, I am, I am, I am, I am, I am, I am, I am.”

Although the defendant tried to drive a vehicle in spite of the victim's demand for getting off the vehicle, the victim put a hand on the side of the driver's seat of the defendant vehicle and prevented the defendant from driving the vehicle.

Accordingly, the defendant tried to close the window and start the vehicle.

At the time, the Defendant was under the influence of alcohol so that the ability to normally determine surrounding traffic conditions, etc. was significantly deteriorated, and some of the victims suffered from the difference in the window of the Defendant’s vehicle in the situation where the victim Handed the Defendant’s vehicle.

Under the above circumstances, the Defendant proceeded about about 10 km/h of one’s own vehicle at a speed of 10 km and caused the victim who had clothes in the said vehicle to be towed to the Defendant’s vehicle, thereby causing the victim to suffer bodily injury, such as cather and knife, requiring treatment for about three weeks.

Accordingly, the defendant is difficult to drive normally due to the influence of drinking.

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