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(영문) 대구지방법원 서부지원 2015.12.24 2015고단1849
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant: (a) driven a B rocketing car with a blood alcohol concentration of about 0.216% in the section of about 1km from the front of a mutually influent restaurant located in the Seo-gu Incheon Metropolitan City, Seo-gu, to the monthly village street in front of the same Gu merchant road; (b) around October 22:18, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car.

On October 1, 2015, the Defendant driven the said car under the influence of alcohol, as described in Paragraph 1, while driving it at a speed of about 30 km per hour, depending on the speed of 20 km from the front breadth to the front breadth of the monthly basin street in the store of Daegu-gu, the Defendant flowed the two-lane road in front of the monthly basin street in the store of the Daegu-gu, Seo-gu, and proceeded at a speed of about 30 km per hour from the front breadth

Since there is a blind-distance intersection where the traffic of vehicles is frequent, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident by safely driving the motor vehicle according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in violation of the signal while driving the Defendant’s driving on the left side of the Defendant’s driving direction, and the victim C(the age of 49) who is driving three lanes on the right side of the sexual street room on the left side of the Defendant’s driving direction, was driving in the front part of the DK5 car driving by green signal.

Ultimately, the Defendant driving the said car in a situation where normal driving is difficult due to the influence of alcohol, and driving the car to the victim C and the victim E (V, 43 years old), who is the passenger, for about two weeks of medical treatment, is not on the treatment date to the victim F (V, 12 years old) who is the passenger.

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