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(영문) 대구지방법원 영덕지원 2014.01.08 2013고단187
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 of the final judgment.

Reasons

Punishment of the crime

On April 16, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Young-gu District Court Young-gu District Court (Seoul District Court) on April 16, 2008, and on August 17, 2006, the Defendant violated the provisions of Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) on two or more occasions.

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On June 22, 2013, the Defendant was under the influence of alcohol 0.172% of blood alcohol concentration around 14:27 on June 22, 2013, and the face of the Defendant was red and walked, and the intersection of the breadth in front of the breadth point located inside the territorial sea of Gyeong Young-gun, Chungcheongnam-gun, the territorial sea of Gyeongbuk-gun, North Korea was under the influence of 0.17% of blood alcohol concentration at an insular speed.

Since there is a three-distance intersection in which traffic control is not performed, there was a duty of care to drive safely after checking whether a person engaged in driving service is able to thoroughly see the right and the right of the front line, accurately manipulating the steering and brakes, reducing the speed at the time of entry into the intersection by temporarily stopping or temporarily stopping a motor vehicle, etc.

Nevertheless, the defendant neglected to do so and entered the right-hand side of the victim C (the 46-year-old driver) with the right-hand side of the victim C (the 46-year-old driver) who entered the right-hand side and left-hand side.

Ultimately, the Defendant driven the foregoing cargo vehicle while it is difficult to drive in a normal condition under the influence of alcohol, and suffered injury to the victim C, such as a non-furnal mouth, which requires treatment for about six weeks.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant and C;

1. Each entry in one copy of a traffic accident occurrence report, a report on the detection of a motor vehicle driver, a report on whether the motor vehicle is driven at risk, a survey report on actual condition, each chassis, a medical certificate, and a comprehensive traffic accident analysis report;

1. On-site photographs of 18 copies;

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