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(영문) 대구지방법원 상주지원 2013.03.19 2012고단553
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around November 16, 2012, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driving on the B Poter, 238% under the influence of alcohol, without obtaining a driver’s license, at a section of about 3km from the front of a cafeteria located in the mother-dong area to the entrance of the same Kacheon-ri at around 18:08 at the end of the same 3km.

2. On November 16, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) (hereinafter referred to as the “Act on the Aggravated Punishment, etc. of Specific Crimes”) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) went to the upper distance from the new third-distance distance in a state where it is difficult to drive normally due to the influence of alcohol as stated in

Since there are two roads at the right side of the central line, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the front line and the left and right side, and to prevent accidents.

Nevertheless, the Defendant was negligent in the course of performing duties while under the influence of alcohol while neglecting this, and was driven by the victim C(the age of 80) who was driven by the same room, and was driven by the victim C(the age of 80).

As above, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered damages to the victim’s character of the detailed unknown body that requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A report and circumstantial report on detection of a host driver;

1. Disqualifications of the main office;

1. C’s statement;

1. A general medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (2) 1, Article 44 (1) (the point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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