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(영문) 대구지방법원 2014.10.16 2014고단4014
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. The defendant is a person who is engaged in driving of a D car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by dangerous driving)

On April 22, 2014, the Defendant, at around 01:10, driven the above vehicle while normal driving is difficult due to the influence of alcohol that reaches 0.101% of blood alcohol concentration, and led the Defendant to drive the above vehicle in front of the token original restaurant located in the camping-dong in Yongcheon-si, Youngcheon-si.

At the time of night, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, due to the negligence that the Defendant was negligent in driving while neglecting it, the victim E (the age of 46) who crosses the road on the right side from the left side of the Defendant was placed in front of the car driving seat of the Defendant.

The Defendant suffered injury to the victim, such as mination and mination of franchising franchising on the right side, which requires approximately 14 weeks of medical treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol by 0.101% of alcohol concentration from the vehicle front of the machine-gu Yacheon-si in the night-si in the above temporary border to the point of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by police to E (victims);

1. A medical certificate;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident actual investigation report;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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