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(영문) 대구지방법원 2014.02.13 2013고단6776
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. At around 18:10 on November 18, 2013, the Defendant, while under the influence of alcohol at least 0.295% of the blood alcohol concentration on the road front of the Yellow Pulcoging Yacheon-si, Youngcheon-si, the Defendant turned down B Lanon-car at approximately 2 meters.

2. The Defendant is a person engaged in driving a B Ravia car.

On November 18, 2013, the Defendant driven the above car on the 18:10 on November 18, 2013, and led to the running of the road in front of the Jucheon-si from the dong Office to the claim apartment house.

At the time, the Defendant was in an inaccurate state that he was under the influence of alcohol as stated in Paragraph 1, and the driving of a motor vehicle was difficult, such as a mold distance. Since the victim C was at the lower end of the motor vehicle, there was a duty of care to prevent the accident in advance by safely driving the steering gear and operating the motor vehicle in a safe manner, such as accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate a full-time fishing, received the victim by negligence in the next-time fishing, and caused the victim to wear between the D QM5 car parked after the said car and the said Liby car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive a car normally due to drinking, and suffered injury, such as the pelvisum salt, which requires approximately three weeks of medical treatment, to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. Report on the circumstantial statements of a drinking driver, notification on the results of drinking control, and inquiry into the results of drinking control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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