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(영문) 대구지방법원 2015.06.18 2015고단1913
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who is engaged in driving of a vehicle B with the highest engine.

On March 8, 2015, at around 18:25, the Defendant driven the above vehicle in a state where it is difficult to drive the vehicle normally due to alcohol of 0.240 percent of blood alcohol concentration. On March 8, 2015, the Defendant driven the above vehicle along the two-lanes between the two-lanes in the direction of the new intersection and the underground lane under the East East-gu, Daegu-gu, Seoul, along the direction of the new intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate a steering boat and steering system by accurately operating the steering boat and steering system.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol while under the influence of alcohol and received the back part of the DK5 vehicle driven by the victim C (V, 42 years old) who is driving in the front.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, etc. and a traffic accident report (1);

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to each investigation report (referring to telephone investigation, diagnosis of a victim, and submission of vehicle estimates);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture [the scope of recommendation] is the cause of minor injury (one to six months) in the mitigation area (the injury caused by traffic accidents).

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