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(영문) 대구지방법원 경주지원 2014.09.02 2014고단443
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the SG125.

On April 19, 2014, the Defendant, without obtaining a motorcycle driver's license at around 22:20 on April 19, 2014, in an inaccurate state of blood alcohol concentration of 0.174%, and the state of walking with a big distance is difficult to drive normally due to influence of drinking, such as drinking, and the Defendant driven the above Oralba while driving the above Oralba while driving the road on the one-lane in front of the national starting point of the Yellow Yan-dong Racing High School at the low-speed cafeteria, the Defendant driven the road at the low speed of the sc

At the time, since it is night and its location is narrow road that has a lot of traffic of vehicles, there was a duty of care to prevent accidents in advance by safely driving a vehicle, such as reducing speed and accurately operating the steering direction and brake system, after checking the safety of the way in which a person engaged in a vehicle driving on the off-to-land is able to drive safely.

Nevertheless, under the influence of alcohol, the Defendant did not find out that the victim C (the 15-year-old) was standing on the side of the above road while neglecting to properly operate the steering gear and steering gear, and received the part of the above victim’s left arms and legs on the front side of the road.

As a result, the Defendant suffered a elbow in the left-hand blue room in need of approximately two weeks of medical treatment due to the above occupational negligence while driving normally due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Registers of driver's licenses;

1. Statement of the status of the driver;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of a without a license) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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