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(영문) 대구지방법원 김천지원 2015.01.14 2014고단1371
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.095% on September 6, 201, and under the influence of alcohol level of 0.165% on September 13, 2012, and violates the prohibition on driving a motor vehicle under the influence of alcohol level of 0.165% on at least two occasions.

On September 14, 2014, the Defendant, who is engaged in driving a car, driven the said car under the influence of alcohol concentration of 0.189% on Sep. 14, 2014, and led to a two-lane road in front of the oil station located in Gumi-si D at Gumi-si along the two-lanes from the new parallel side to Kimcheon-do.

At the time, the Defendant had the duty of care to prevent accidents in advance by accurately manipulating the steering gear and steering gear of the victim F(43 years old) driving while driving the car. In such a case, the Defendant had the duty of care to prevent accidents in advance.

Nevertheless, as long as the Defendant neglected the duty of an all-round driving in the situation where normal driving is difficult due to the influence of drinking, the Defendant left the vehicle above that which stopped for the signal atmosphere in the same lane due to occupational negligence, and led the vehicle above that part to the front part of the car in the above column.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Reports on the occurrence of traffic accidents, reports on the actual condition of drivers, survey reports on actual condition, and comprehensive analysis of traffic accidents;

1. A medical certificate;

1. Previous records of judgment: Investigation report (verification of past records, etc. during the period of suspension of execution of sentence), judgment, criminal records, and application of Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.

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