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(영문) 대구지방법원 경주지원 2015.10.14 2015고단559
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving C QM3 automobiles.

On June 30, 2015, the Defendant: (a) around 21:10 on June 30, 2015, the Defendant, while under the influence of alcohol 0.208% of blood alcohol concentration, was influencing the said car in a state that it is difficult for the Defendant to drive it normally, such as a brugly red, and the blood color is very red, and driven the road on the front side of the E-lane D along the speed from the Gyeongsan Industrial Complex to the tin-ri speed.

At the time of night and where the center line was installed, there was a duty of care to prevent accidents by driving a person engaged in driving service with a good view and safety driving.

Nevertheless, the Defendant, under the influence of alcohol, neglected to go along the center line by the negligence of the Defendant, followed the front part of G K5-si driving by the victim F (the age of 37) who was running from the Y5-si on the left side of the said QM3-car, with the top part above the left side of the said QM3-car.

As a result, the defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of medical treatment for about three weeks.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. The Defendant violated the Road Traffic Act (driving) driven the above QM3 vehicle while under the influence of alcohol of about 0.208% in the section of about 5km from the 78-12nd road in the open-dong Eup, Gyeonggi-si to the above E-ray.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of the defendant and F;

1. A traffic accident report, the ledger of driver's licenses, each chassis, the actual survey report, the field photograph, and the driver's license;

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