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(영문) 대구지방법원 경주지원 2015.04.01 2015고단74
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

On August 31, 2011, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the same court on October 2, 2014, respectively.

1. The defendant is a person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment of Specific Crimes;

On November 14, 2014, at around 18:00, the Defendant, without obtaining a driver's license, driven the above cargo at a state where it is difficult to drive normally, such as a string distance, blood color, red, rhythm, etc., that is cut off from the driver's seat at the time of control under the influence of alcohol with 0.245% of blood alcohol level without obtaining a driver's license, and led the Defendant to turn to the left from the surface of the electric apartment at the location of the river of Ycheon-gu, Seocheon-gu,

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a safe way to live well.

Nevertheless, the defendant neglected to turn to the left by negligence and caused the full left-hand side of the D non-stop car driven by the victim C(58 years old) who was driving in the opposite part of the D non-stop car to the left-hand side of the freight vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as cerebral le, which requires medical treatment for about three weeks, due to the influence of alcohol, by negligence on the part of the above business.

2. Around November 14, 2014, the Defendant driven B Poter cargo under the influence of alcohol content of 0.245% without obtaining a driver’s license from the front side of the Defendant’s argument in E at racing to the long distance from the entrance of the same 1km station at racing.

Summary of Evidence

1. Defendant's legal statement;

1. As to the defendant and C, each.

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