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(영문) 대구지방법원 김천지원 2016.12.08 2016고단1259
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

The Defendant was issued a summary order of KRW 1.5 million on November 30, 2012, and KRW 1.5 million on May 10, 2016, respectively, by this court, for a violation of the Road Traffic Act (driving).

On July 5, 2016, the Defendant was a person driving Cworka car, and around the 12:35 U.S., on the roads in front of the Calenda Dong-dong 12, GuU.S., the Defendant was driving the said car while under the influence of alcohol concentration of 0.199% without the driver’s license, and proceeded to turn to the left at the seat of the Calpha Hospital at the low-water level.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and steering gear in a clear mind.

Nevertheless, the Defendant neglected this and neglected to drive the said car at a normal time due to influence of drinking, and by negligence, led the victim D (the age 49) driving E-learning Vehicle’s front end part of the said car, which driven the said car at the seat of the center of the Agency, directly from the seat of the office of the president of the Agency, to the seat of the patrol-down hospital.

As a result, the Defendant suffered injury, such as scarke, etc., by the above negligence, when the victim needs to receive approximately five weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents and on-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses (27 pages of investigation records);

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Article applicable to criminal facts;

A. Injury resulting from dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”)

(b) Drinking-driving: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(c) Unlicensed driving: The defendant's defense counsel under Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act shall commit the crime of this case.

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