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(영문) 대구지방법원 2014.05.22 2014고단1279
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving of CPoter cargo vehicles;

around 21:30 on December 28, 2013, the Defendant driven the freight vehicle under the influence of 0.118% alcohol concentration at a point of approximately 500 meters (in front of 124 meters between the previous new shares) from the front bank of the new light bus bus stop located in the Taecheon-si, Taecheon-si, Taecheon-si, the Defendant driven the said freight vehicle under the influence of alcohol content at a point of 0.18% (in front of 124 meters between the front bank of new shares), and led the road of one lane at a speed of about 40km in the new light bank from the front bank of the New Airport

Since there are a center line of yellow solid lines, the driver has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and thereby was driven by the victim D, who was frighted in the opposite lane, in turn, in front of the left-hand side of the said cargo vehicle.

Ultimately, the Defendant was injured by the victim FF (the age of 20) who was on board the said taxi while driving the said cargo in a situation where normal driving is difficult due to the influence of alcohol, such as a booming and a bid, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) in a manner under the influence of alcohol by 0.118% in blood alcohol concentration, the Defendant driven C Poter freight in the state of under the influence of alcohol by 0.118% in front of the Daegu Saemaul Community Depository, which is located in the Daecheon-si Gyeongcheon-si, Taecheon-si, Seoul, to the roads of the same 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. A report on the status of a drinking driver, and a report on detection of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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