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(영문) 대구지방법원 김천지원 2014.10.01 2014고단869
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

On October 14, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 3 million for a crime of violation of the Road Traffic Act on October 25, 201.

1. The defendant is a person who is engaged in driving a freight vehicle B in the case of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 9, 2014, at around 16:55, the Defendant driven the above cargo while under the influence of alcohol of 0.193%, and led to the roads in front of the Scinini-ro's clothing store in the Gu-U.S. Around 16:5, the Defendant driven the above cargo along the influence of 0.193%.

In such cases, the driver has a duty of care to confirm the safety of the course and to prevent the collision of vehicles parked in the way by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to perform his duty at the front time while driving a blood alcohol level of 0.193% with the difficulty of normal operation of 0.193% and continued as it was due to occupational negligence, and received the back part of the victim C(M, 45 years old) driving that was stopped before the above cargo vehicle, as the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around 16:55 on June 9, 2014, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.193% without a vehicle driver’s license at a section of about 5km from the front day of the trade name in the new village of Incheon-si, Kimcheon-si to the front day of the Scininindo-si in the Gu and Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident;

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