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(영문) 대구지방법원 경주지원 2014.09.02 2014고단416
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. The defendant is a person who is engaged in driving service of the B Damael vans.

On January 25, 2014, at around 01:10, the Defendant driven the above passenger car while under the influence of alcohol with 0.166% of alcohol concentration, and proceeded with the middle distance of the Yellow Geong-dong located in Peong-si in Peong-si as a gold officer protection area from the East-si.

A driver has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering gear for those engaged in driving service.

Nevertheless, the Defendant, as seen above, was unable to breadly breath abbb and failed to properly operate the steering gear and steering gear, followed by a signal signal pole installed on the right side of the road and suffered bodily injury, such as a balleb, bones, etc. for about 16 weeks, to the victim C, who was a fluor of the said fluor, for approximately 16 weeks of treatment.

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. The Defendant was under the influence of alcohol 0.166% on the date and time set forth in paragraph (1) of the Road Traffic Act, and the Defendant driven a balma vehicle equivalent to approximately 500m of Balma in the vicinity of the eco-dong-dong-dong-dong-dong-dong-dong-si to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on the actual status of a host driver;

1. A medical certificate;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The vehicles involved in the accident under Article 62 (1) of the Criminal Act shall be integrated insurance;

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