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(영문) 대구지방법원 경주지원 2015.07.22 2014고단1032
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in a traffic accident is a person who is engaged in driving a B Poter freight vehicle.

On October 2, 2014, the Defendant, without a driver’s license of a motor vehicle on October 13:45, 2014, driven the said cargo while under the influence of alcohol 0.136%, and led to the left-hand turn to the middle-term village where the Defendant was driving at the speed of two North Korea and the speed of one-lane at the entrance of the village in the two North and Eup of the race-si.

Since there is a place where the center line of yellow solid lines is marked, a person engaged in driving motor vehicles has a duty of care to safely operate motor vehicles, such as not harming the center line.

Nevertheless, the Defendant divided the horses into two parts due to such influence of alcohol as above, and caused the left-hand turn beyond the center line in a situation where normal driving is difficult, such as the blood color is red and the walk is not proper, and caused the victim C driver's DNA driver's car proceeding from the mash-down on the side of the mash-down in order to avoid the collision with the Defendant's vehicle, to conflict with the sand string loaded on the right-hand side in the process of avoiding the collision with the Defendant's vehicle.

As a result, the defendant suffered bodily injury, such as catitis that requires treatment for about two weeks.

2. The Defendant, at the same time and at the same place, operated the said cargo vehicle without purchasing mandatory insurance, as provided in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to a traffic accident report, actual condition survey report, photograph related to accident, etc., each license ledger, each car-book, information inquiry into mandatory insurance, data return on purchase of mandatory insurance, report on detection of a primary driver, report on detection of a primary driver, inspection report on the results of the crackdown on drinking driving, medical certificate, and estimate;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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