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(영문) 대구지방법원 2016.10.20 2016고단3881
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On July 20, 2016, the Defendant: (a) driven B Poter truck under the influence of alcohol content of about 0.179% at a section of about 5km from the front of the Seosan cafeteria cafeteria located in the Geumcheon-si technical concentrates of Geumcheon-si to the front road of the apartment in the same city, in the case of an unstring in the same city, from around 13:48, 2016.

2. The defendant is a person who is engaged in driving cars of B Poter cargo vehicles.

On July 20, 2016, at around 13:48, the Defendant, while driving the above cargo while under the influence of alcohol, proceeded along the two-lane road in front of the apartment complex from the distance of the new network, in the remote city of Yongcheon-si along the one-lane road from the distance of the new network, and changed the two-lane.

At the same time, the two-lanes of the defendant's moving direction of the victim C(W, 38 years old) driving is running, so in such a case, there was a duty of care to prevent the accident by changing the vehicle vehicle in a way that does not interfere with the traffic by properly examining the vehicle operation situation of the vehicle vehicle that the driver intends to enter.

Nevertheless, the Defendant neglected to drive the car in a state where it is difficult to drive the car normally due to the influence of drinking, such as a flashing and walking, while he neglected to drive the car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the said car to be flad in the front part of the said car.

Ultimately, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, the Defendant suffered the shoulder and the straw of the arms that require approximately two weeks of medical treatment to the victim due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, a report on actual condition, and an investigation (Submission of a medical certificate);

1. Relevant provisions concerning facts constituting an offense;

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