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(영문) 대구지방법원 상주지원 2014.10.14 2014고단412
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a C-going cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 15, 2014, at around 23:20, the Defendant was under the influence of alcohol with a blood alcohol level of 0.159%, and, at the time of residence, the Defendant was driving a bus with the above cherb, led to the front side of the temporary bus transit route located in the village of the Haguon-Eup at the port of the Ha Chang-Eup Office.

At the time, there was a high time and there was a possibility of pedestrians as a place near a bus stop, so there was a duty of care to safely conduct the accident after checking the right and the right and the right of the driver of the vehicle and checking the safety of the course of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim D (58 years old) who crosses the road to the right side from the left side of the running direction of the Defendant, while driving a vehicle in a situation where it is difficult to drive a vehicle in a normal condition, such as a string red, and the string distance, and did not discover the victim D (58 years old) who crosses the road to the right side from the front side of the vehicle.

As a result, the Defendant caused the victim to suffer from such occupational negligence on August 16, 2014, at the Gyeongbuk University Hospital located in 130, Jung-gu, Daegu, Jung-gu, Daegu, to have the victim died with a scarcity.

2. On August 15, 2014, the Defendant: (a) driven the said Poter vehicle at a section of about 2 km from the front side of the Hash Elementary School located in the Hash-Eup at the time of residing in the state of alcohol of 0.159% at around 23:20 on August 15, 2014 to the front side of the temporary bus platform located in the Hash-Eup at the time of residing in the state of alcohol of 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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