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(영문) 대구지방법원 2014.11.27 2014고단3319
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. 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 CM3 car;

On June 3, 2014, at around 00:42, the Defendant driven the said car while under the influence of alcohol with 0.157% of blood alcohol concentration, and led the Defendant to proceed in the speed of the four-lane road along the direction of the indoor four-lane distance from the direction of the world.

At that time, there was a vehicle stopping in the front-round signal signal atmosphere, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to reduce the speed, to take the right and the left well, to accurately manipulate and safely drive the steering and brake system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected his/her duty to drive normally due to the influence of alcohol as above and proceeded as it is, due to the negligence of the Defendant’s failure to do so, and thereby, was driven by the victim D(62 years of age) who stops in the signal atmosphere at the same lane in the front of the car of the Defendant.

Ultimately, the Defendant suffered injury to the victim D, who was on board a damaged vehicle due to occupational negligence while driving under the influence of alcohol due to the influence of alcohol for about two weeks, such as climatic salt, etc., which requires treatment for about two weeks, such as climatic salt and tensions, which require treatment for about two weeks to the victim F (V, 69 years of age), and the victim G (V, 41 years of age).

2. On July 30, 2009, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court. On December 15, 2010, the Defendant was sentenced to a fine of 4 million won for a crime of violating the Road Traffic Act.

On the date stated in paragraph (1), the defendant is under the influence of alcohol content 0.157% in Daegu-gu, Daegu-gu.

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