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(영문) 대구지방법원 경주지원 2016.06.23 2016고단93
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving a flag and flaging vehicle B and III.

On December 13, 2015, the Defendant driven the above vehicle while under the influence of alcohol content of 0.239% during blood transfusion on December 13, 2015, while driving the said vehicle at a speed of 0.239%, which led to the speed of vision at the front of the yellow road, from the boundary of the mountain middle school in front of the yellow road.

At the time, the traffic signal was installed in the front, and the vehicles are stopping for the signal waiting, so there was a duty of care to prevent accidents by operating the brake system with a sufficient time to keep the safety distance in front of the Defendant who is engaged in the freight driving service.

Nevertheless, the Defendant neglected the above influence of drinking and operated the brake system late later, and caused the back part of the Defendant’s vehicle of the victim C(59 arche taxi) who was waiting in the front of the signal signal at the front of the Defendant’s vehicle, and caused the Defendant to have the victim E(59) who was waiting in the front of the signal at the front of the signal at the front of the train, and caused the Defendant to have the victim E(59) under the signal at the front of the train.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim C and her winners G (V, 39 years old), such as salt and tensions of the bones of wood, which requires approximately three weeks of medical treatment, and scam scams and tensions, which require approximately two weeks of medical treatment to the above victim E, and the victim H (V, 58 years old) who is the passenger of the victim E-si, for approximately three weeks of medical treatment.

2. On December 13, 2015, the Defendant violated the Road Traffic Act (drinking) on the same day from the parking lot front of the indoor gymnasium in the Yellow-dong, Yellow-dong, Sejong on the same day, on December 13, 2015.

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