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(영문) 대구지방법원 2013.04.25 2013고단813
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person engaged in driving a B-to-pur vehicle.

On December 16, 2012, at around 13:30, the Defendant driven the said car while under the influence of alcohol with 0.237% of alcohol concentration, and continued the intersection lane in Yongcheon-si, Yongcheon-si to the surface of the west-si.

At the time, the Defendant was under the influence of alcohol and the snow was bread, the snow was boomed, and the direction distance was difficult to drive normally. Since there was a vehicle waiting for signal signals at the front side, there was a duty of care to prevent accidents in advance by safely driving a vehicle, such as reducing speed and checking the front left well, on the ground that there was a vehicle waiting for signal at the front side.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, discovered the D-wing and cargo vehicle driven by the victim C (year 43) who is in the atmosphere of signal without due care, and operated the brake system late later, but did not avoid it, received the rear part of the said cargo vehicle as the front part of the A-Wurt-Wured Vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, and suffered injury to the victim, such as light salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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