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(영문) 대구지방법원 2015.09.17 2015고단3424
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 20, 2008, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the branch court of the Daegu District Court, and on September 28, 201, by the same court on September 28, 201, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act.

On July 9, 2015, around 21:40, the Defendant driven a D Poter II truck under the influence of alcohol leveling 0.139% from the 2km section to the lock road located in 530-3, as the center of the same lock, from the front of the “C” restaurant located in the Daegu Northern-gu B to the front of the lock market located in 530-3.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a truck under the influence of alcohol again.

2. On July 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) by driving D B truck with blood alcohol concentration of 0.139% under the influence of alcohol level on July 21, 2015, and was driven by the victim E (43 years old) in the front part of the said B truck by negligence in the course of driving the vehicle while neglecting the duty to accurately operate the front line duty and the brake system in the state of alcohol in the same lane while driving the vehicle at a speed of 5 lanes in front of the lock market as described in the above paragraph (1) with the distance from the front side of the instant lock road.

Ultimately, the Defendant driven the above truck in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the above E, such as acute climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document (traffic accident situation);

1. A medical certificate;

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

1. The actual condition survey report;

1. Previous convictions in judgment: Application of investigation reports (prior convictions in the same offense)-related Acts and subordinate statutes;

1. Criminal facts;

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