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(영문) 대구지방법원 서부지원 2013.08.14 2013고단823
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 engaging in driving a rocketing car.

1. Around 14:50 on June 1, 2013, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.343% at a section of about 100 meters from the 100 meters away from the Do to the front road of the Dogwon Dogwon in the Gyeongwon-gu, Daegu-gun, Daegu-gun. In the same manner, the Defendant driven the said vehicle under the influence of alcohol content of about 0.343%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol concentration of 0.343% at the above temporary border but it was difficult to drive the said car normally, the Defendant was driving the said car to proceed with a road of one-lane in front of the UFF in the Daegu-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City.

The place is a straight line of one lane where the center line is installed, where buildings such as commercial buildings are concentrated, and both motor vehicles are parked on both sides of the road. In such a case, the driver of the motor vehicle has a duty of care to prevent traffic accidents by accurately manipulating the steering direction and steering system of the motor vehicle and driving the motor vehicle along the lane.

Nevertheless, under the influence of alcohol, the Defendant had been negligent and stopped at the right side of the road in the direction, and the front side part of the D&M5 personal taxi driven by C, in front and rear the left side part of the D-learning car driving in front of the Defendant’s front front part of the vehicle. The Defendant was driven by the victim E (the age of 62) who was at the front of the Defendant’s vehicle and stopped at the front side of the vehicle, and was driven by the Defendant’s front part of the FSM5 personal taxi number plate.

In the end, the defendant is negligent in driving a car as above while it is difficult for him to drive the car normally due to influence of drinking.

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