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(영문) 대구지방법원 김천지원 2014.05.16 2012고합203
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act are those engaged in driving motor vehicles;

On May 26, 2012, the Defendant driven the said vehicle under the influence of 0.252% of alcohol concentration without obtaining a driver’s license on May 26, 2012, and driven the said vehicle along the two-lane road in the front direction E in the Gumi City D at Gumisi, along the direction of the old U.S. High School at the port of the Do Police Station.

In this case, the defendant was installed at the front of that place with signal lights, and the defendant was going to drive a car in G-ro driven by the victim F (35 years old). In such a case, the defendant, who is engaged in driving a motor vehicle, has a duty of care to take care of the situation of the front side well and to prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant, while under the influence of alcohol, failed to discover the above log car which was stopped for signal air at the bend of the bend of the bend while he was unable to drive normally, such as a string distance, by neglecting his body in a state of difficulty in driving normally, such as a light-distance, etc., and without discovering the above log car at the bend of the above SM520 vehicle, was driven by the part of the front part of the said SM520 vehicle.

As a result, the Defendant driven the above SM520 car in a state where normal driving is difficult due to influence of drinking, and caused the injury of the victim H(P, 32 years of age), and the victim I(V, 6 years of age) who was in company with the above SM520 car to undergo approximately two-day medical treatment, and the victim J(4 years of age) who was in company with the above car to undergo approximately two-day medical treatment, and at the same time, damaged the above car to receive approximately 392,568 repair cost, such as the exchange of the above car.

2. Paragraph (1) shall apply to the defendant who has violated the Road Traffic Act and the Road Traffic Act.

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