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(영문) 대구지방법원 상주지원 2016.08.30 2016고단244
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 a period of 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 before the risk) is a person who is engaged in driving a motor vehicle B with the highest other car.

On May 1, 2016, the Defendant, while under the influence of alcohol 0.153% during blood transfusions, was driving the said car, and became to enter national highways No. 34, 1, 33, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do.

At that time, there is a two-lane in which the center is installed, so a person engaged in driving of a motor vehicle has the duty of care to enter the motor vehicle after checking the safety of course by checking well the right and the right of the front side in the case of bypassing.

Nevertheless, the Defendant neglected to perform the above duty of care and entered the vicinity of the national highway No. 34, which is the 34th place of entrance prohibition, in the absence of normal driving under the influence of alcohol, and caused a collision between the victim C (56 tax) and the front part of the driver's vehicle in front of the left side of the Defendant's driving vehicle with the victim C(56 tax).

Ultimately, the Defendant suffered from the injury of the victim E (the 53 years old), and the F (the 21 years old), respectively, due to the above occupational negligence, for approximately two weeks of medical treatment.

2. In violation of the Road Traffic Act (drinking driving), Defendant 2 driven a B-hand car with alcohol content of 0.153% while under the influence of alcohol from the day-to-day scam scam and the trade name scam scam scam located in the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, to the national highways No. 34 in the same Eup-Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. The application of Acts and subordinate statutes to report the occurrence of traffic accidents, the report of each traffic accident, the statement of the situation of the driver of each driving, the inquiry into the results of crackdown on drinking driving, each diagnosis, the investigation report, and the video data of the black stuffs;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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