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(영문) 대구지방법원 2016.09.22 2016고단2062
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 17:50 on April 15, 2016, the Defendant driven a balp car with approximately 300 meters alcohol content 0.153% while under the influence of alcohol on the road from the front day of the fyp-dong, Daegu-dong, Daegu-dong, Daegu-dong, to the front day of the 212 Daegu District Court’s registration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a car B.

On April 15, 2016, at around 17:50, the Defendant driven the said car while under the influence of alcohol and driven the two lanes in front of the Daegu East-dong District Court, Daegu-ro, 212, East-gu, Daegu-dong, along the three-lanes from the side of the flag to the high-value of filial trees, and led to a change of the two-lanes in order to pass bypass.

At all times, there was a duty of care to prevent accidents by maintaining the safety distance with the parked front vehicle in such a case as a person engaged in driving a motor vehicle stops the vehicle in a three-distance signal, and thus, the person engaged in driving a motor vehicle has a duty of care to prevent accidents due to driving.

Nevertheless, the Defendant was negligent in driving under the influence of drinking, such as hacking, in a manner that makes it difficult for the Defendant to drive under normal conditions due to the influence of drinking, and due to the negligence of neglecting it, and was driven by the victim C (W, 31 years old) who was under a stop on the two-lane of the same place, and received the back part of the Dworket No. 31 in the front part of the driver car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;

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