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(영문) 대구지방법원 서부지원 2013.06.11 2013고단458
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2009, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the branch court of the Daegu District Court, and on May 23, 2012, for a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the branch court of the Daegu District Court.

On February 22, 2013, around 19:05, the Defendant driven a d-pack vehicle with a blood alcohol concentration of about 0.199% from approximately 1 kilometer to the front of the new interest bus located in Seo-gu 358-93, Seo-gu, Seogdong Environmental Office, Seogu, Seomun-gu to the new interesting bus located in 358-93, Seomun-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaged in driving a motor vehicle.

On February 22, 2013, at around 19:05, the Defendant driven the 358-93rd road at the Seogsan-dong of the month and proceeded along the four-lanes between the new 4-lanes in the environmental business place.

In such cases, a driver of a motor vehicle has a duty of care to properly see the front side and the rear, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, as seen above, was unable to drive normally at 0.19 percent of blood alcohol concentration, and was negligent in driving while neglecting the front-down, and caused the victim E (the age of 22) and the victim F (the age of 42) to get a taxi at the right side of the road to the front side of the vehicle.

Ultimately, the Defendant, as seen above, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, and inflicted injury on the victim E by driving the said motor vehicle, such as the closed frame of the body body of the mouth and bones requiring 14 weeks medical treatment, and injury on the victim F, such as a closed frame of the body that requires approximately 14 weeks medical treatment.

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