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(영문) 대구지방법원 포항지원 2014.10.16 2014고단690
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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 April 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of 0.217% of blood alcohol concentration on Apr. 3, 2014, the Defendant driven BranxG car with BranxG car in the direction of the MBC broadcasting station, and led to the intersection of the Tranchip-distance in the south-gu Gyeong-gu Gyeong-dong-dong-dong-dong-dong-dong-si

Since there is an intersection where a signal, etc. is installed, the driver has a duty of care to live well in the front line and to drive safely in accordance with the new code.

Nevertheless, the defendant is driving a ske while under the influence of alcohol.

On the other hand, due to the negligence in violation of the signal, the victim C(52 years of age) driven by the victim C(52) who is to turn to the left from the front part of the car driving on the right side of the car was driven by the defendant, and the shock caused the conflict between the front part of the car driving by E with the front part of the car driving.

Accordingly, the Defendant suffered injury to the victim, such as a scarke, closure, etc. in a state of difficult driving under the influence of alcohol, which requires approximately six weeks of treatment.

2. The Defendant was under the influence of alcohol by 0.217% at the above temporary location, and was driving the car of the fexton in approximately 3km section from the above 3km section to the large diving distance intersection located in the Southern-gu Gyeongdong at the port of port on the pen in the north-gu death-dong at the port of port.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of C and E;

1. The actual condition of traffic accidents;

1. Requests for appraisal;

1. Application of the written diagnosis (54 pages of investigation records) Acts and subordinate statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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