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(영문) 대구지방법원 2013.09.26 2013고단3909
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. Violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is a person engaging in driving a C Cost Star car;

On March 27, 2013, the Defendant, without obtaining a driver's license on March 18, 2013, driven the above 25-meter passenger car with the blood alcohol concentration of 0.278% under the influence of alcohol, and continued to drive the road at a speed of about 30 km from the Cheongdo-gun to the Gyeongdo-Eup at the speed of about 30km.

At this point, since there are two-lanes in which the center line of yellow solid lines is installed, the driver has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party D(the age of 48) who was frighting in the opposite opposite opposite lane on the bee-ro 1 ton of cargo due to the Defendant’s negligence, while neglecting this, and was driven by the Defendant on the left side of the motor vehicle.

As a result, the Defendant suffered from the injury of the part of the sub-chapters, the part of the sub-chapters, and the part of the sub-chapters that require six weeks of medical treatment due to the above occupational negligence in a state where normal operation is impossible due to influence

2. Violation of the Road Traffic Act and the Road Traffic Act (driving without a license) were operated by the Defendant in a state of under the influence of alcohol by 0.278%, without obtaining a driver’s license, at a section of about 60km from the front of the Electric Power Complex located in the growth area of the Haak-do, Gyeongyang-do, Cheongyang-do, Cheongyang-do, Cheongyang-do, Cheongyang-do, Cheongyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Postal records concerning D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation (1, 2);

1. The ledger of driver's licenses, resident inquiries, and car40;

1. A medical certificate;

1. Written response to the request for appraisal;

1. A report on detection of a host driver (58 pages of investigation records);

1. The report of investigation;

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