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(영문) 대구지방법원 안동지원 2016.08.19 2016고단359
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving in the amount of K5 cars.

On April 19, 2016, the Defendant driven the above vehicle on April 19, 2017:45, and was under the influence of 0.173% alcohol during blood while permanent residence, and led to the driving of the above vehicle on the surface of the central expressway 217 km away from the inner bank of the border area of the Yan-1-1.

In such a case, a driver of a motor vehicle has a duty of care to safely operate the steering system, steering system, and brakes by accurately operating them.

Nevertheless, the Defendant neglected this and neglected to drive the vehicle under the influence of alcohol as above, and took part of the victim C (38 tax) who was proceeding in the same direction as the previous driver due to the negligence of neglecting to drive the vehicle under the influence of alcohol while driving the vehicle in the same direction as the previous driver by neglecting the previous driver in the situation where it is difficult for the Defendant to drive the vehicle under the influence of alcohol.

As a result, the Defendant, by negligence in the above occupational negligence, suffered injury to the victim E (38 taxes) who is the passenger of the foregoing cargo vehicle, such as salt and tension in a drilling that requires approximately two weeks of treatment, and driven the above K5 vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on the occurrence of traffic accidents, reports on actual condition (including photographs), on-site photographs, reports on the circumstances of driving at home, circumstantial reports on whether to drive any danger, inquiry into the results of crackdown on drinking driving, making inquiries into the occurrence of traffic accidents, and the application of each of the relevant Acts and subordinate statutes;

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under each Article of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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