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(영문) 대구지방법원 서부지원 2019.11.28 2019고단389
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

A. A. Violation of the Road Traffic Act (driving) is a person who drives a vehicle with a hurburged hurgs.

On December 16, 2018, around 02:55, while under the influence of alcohol with 0.135% alcohol content, the said car was driven by a approximately 1km section to the road near the Diplomatic Association located in Daegu Northern-gu C, by the end of the Yancheon-dong located in the same city of Seogu, Seo-gu, Seo-gu.

B. At the same time, such as the above Act on the A of Special Use (Death or Injury caused by Dangerous Driving) the said car was driven by one-lane at a speed of about 60-70km speed from the end of 1991, the 1991, Seo-gu, Daegu, Seo-gu, Seo-gu, Seoul Metropolitan Government, toward the end of the 1991 Twit-do.

At the same time, signal lights are installed in the front, and traffic volume is added to the late night time, and the FSM5 car driven by the victim E (the age of 43) was in the atmosphere of the signal.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by reducing speed and driving the vehicle safely by keeping it out well.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and led the Defendant to the front part of the Defendant’s vehicle, following the IM5 car driven by the victim E (MM 43 years old).

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim E (the age of 43) a stability fee for the treatment period of about 3 weeks, and any other open opening medical care that requires the treatment.

C. There was damage to the property of KRW 1,740,00 in repairing cost, such as the FSM5 car pan-facul in the damaged vehicle FSM5 car in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A copy of a written diagnosis and written estimate;

1. Photographs of the accident site;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. The actual condition survey report;

1. Mandatory insurance;

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