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(영문) 대구지방법원 경주지원 2016.09.28 2016고단166
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2009, the Defendant issued a summary order of a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Changwon District Court on September 14, 2009, and on July 31, 2014, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Port Support on July 31, 2014, and was punished for driving under drinking two times.

1. Around 00:45 on February 7, 2016, the Defendant driven a car with B low alcohol content of about 100 meters from the road in front of the “Arriju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, a gold officer, who is in the same Ri, while under the influence of alcohol content of about 0.120%.

2. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a motor vehicle B with low bid.

On February 7, 2016, the Defendant driven the said car under the influence of alcohol content of 0.120% in blood around 00:45, while driving it, and driving the said car along two lanes in front of the gold officer, who is in the gold flurg of the Plurg of the Plurg of the Sejong-si.

At the time, at night and at present, the signal lights were cross-distances. In such a case, there was a duty of care to reduce the speed to those engaged in driving service, to properly see the right and the right, and to prevent accidents by accurately manipulating the steering and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was under the negligence of neglecting to breath and immediately operating the brake system, and was driven by the victim C (59) who was under the influence of the signal waiting at the front of the collision direction, and received the rear part of the DNA Launta taxi driven by the victim C (59) who was under the influence of the signal waiting in the signal waiting direction.

Ultimately, the Defendant, while driving a motor vehicle with the above low speed in a situation where normal driving is difficult due to influence of drinking, sustained injuries such as salt, tension, etc. in need of a two-day medical treatment for the victim.

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