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(영문) 대구지방법원 경주지원 2015.02.16 2014고단898
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

On May 1, 2007, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the port branch of the Daegu District Court on May 1, 2007, and on May 19, 2008, issued a summary order of KRW 3 million for the same crime in the same court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car in CCo.

On September 28, 2014, the Defendant was under the influence of 0.161% of blood alcohol concentration at 0.18:00, and the Defendant was driving the said vehicle in the state of speech and behavior, and the Defendant was driving the said vehicle at a speed of about 50km per hour at the long speed from the room of the Posium center to the long speed of 50km.

Since there is a one-lane road in which the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to safely drive over the center line and prevent traffic accidents.

Nevertheless, the Defendant is negligent in driving under the influence of drinking so that it is difficult for him to drive normally due to the influence of drinking, and is proceeding as is.

On the other hand, the injured party F (the older than 41) who was driving by the injured party D (the older than 46) at the top of the left-hand side of the car, due to the negligence of the central line, received the top-hand side of the E rocketing passenger car driven by the injured party D (the older than 46). Then, the injured party F (the older than 41) who was driving behind the said rocketing passenger car received the front part of the G Le car driven.

Ultimately, the Defendant, by such occupational negligence, injured the victim D with salt, tensions, etc., requiring approximately three weeks of medical treatment, and inflicted injury on the victim H (V, 43 years of age), who is the passenger of the said rocketing car, such as salt, tensions, etc. in need of medical treatment for about three weeks, and the victim F, who is the passenger of the said rocketing car, I make the victim I, who is the passenger of the said rocketing car.

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