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(영문) 대구지방법원 2017.05.18 2017고단701
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. The Defendant is a person who drives a FMW car owned by a non-ample social group, which is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 31, 2016, the Defendant classified the alcohol concentration of 01:50% from the blood alcohol concentration into 0.192%, and even though it is difficult to drive the said car normally, such as a certain irregular distance, the Defendant driven the said car, and the Defendant driven the said car along the two-lanes from the phone border distance to the Seocho-gu Seoul Southern-gu Seoul Southern-ro, the two-lanes from the phone border distance.

In this case, a person engaged in driving duty has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brake system and accurately.

Nevertheless, the Defendant neglected to do so due to the stroke, etc. while driving on the part of the victim H (58 S) who stops in the front line of the vehicle line, such as the time stroke, and the part of the back part of the victim H (58 S) who stops in the signal atmosphere, was driven by the front part of the above BM car, and suffered from the Defendant’s injury on the stroke, stroke, and stroke, which require approximately two weeks of treatment for the victim due to the shock.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On December 31, 2016, the Defendant was under the influence of alcohol content of 0.192% during blood transfusion around 01:50 on December 31, 2016, the Defendant driven the said BM car at the section of approximately 3.5km from the vicinity of the shooting distance of the Gangnam-gu Seoul Metropolitan Hospital to the front road of Seocho-gu Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of H traffic accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

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