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(영문) 대구지방법원 포항지원 2016.08.11 2016고단488
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2016, the Defendant: (a) driven a motor vehicle with alcohol content at approximately 0.248% while under the influence of alcohol level at approximately 50 meters from the road front of the B-A-Woo-gu, B-Woo-gu, the north-gu, the death of which was in the north-gu, at the port of Korea, to the road front of the Central church located in the same Gu-ro 27 meters from May 6, 2016.

2. On May 6, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the risk), as stated in paragraph (1) around 13:15 on May 6, 2016, the face color is inaccurate and inaccurate, and the walking condition is clear, driving a motor vehicle from B, while the walking state is in the state of a big distance, and driving a three-lane road in front of the Central church located in the north-gu at the port of Posing along the two-lane distance from the north-gu of this hospital to the south-west distance from the north-west of this hospital.

In this case, there was a duty of care to reduce the speed to a person engaged in driving service and to prevent accidents by taking another vehicle that is proceeding in the signal signal, etc. into account well.

In such a situation, Defendant C (Woo, 32 years old), who was driving in the same direction as it was negligent in neglecting the normal driving due to influence of drinking, was found late to stop the rash car in accordance with the stop signals, and was taking action to stop the rash car in the same direction. However, Defendant C was unable to stop the rash vehicle and the rash part of the rash vehicle, which was driven by the Defendant, was left behind the rash vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence, such as a scopical salt and tension that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on investigation reports;

1. Criminal facts;

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