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(영문) 대구지방법원 2014.04.03 2013고단6976
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

The defendant is a person who is engaged in driving a CM5 car.

On November 16, 2013, at around 23:30, the Defendant driven the said car while under the influence of alcohol with 0.153% of alcohol concentration 0.153%. On November 16, 2013, the Defendant proceeded with the road in front of the fire engine located in the Cheongyang-gun, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do, as one lu

At the time, it was difficult to see the front door of the vehicle at night, and there is a road bended by the one-lane of the two-lanes. In such a case, the driver is obliged to accurately operate the front door, and even though the driver is obliged to safely drive the steering steering system due to the influence of the above drinking, the driver proceeds over the center line in order to pass the vehicle of the victim D(21 years old), which was negligent in failing to drive the vehicle due to the above influence of alcohol, while driving the vehicle beyond the center line in order to pass the vehicle of the victim D(21 years old), while entering the vehicle as the right side of the victim's vehicle, and entered the vehicle as the right side of the victim's vehicle, the driver suffered the injury such as catum base, etc. in need of the victim's vehicle treatment for about three weeks, and the driver suffered the injury such as salt, etc. in need of light care for about two weeks on the top of the damaged vehicle (21 years old), and the driver is not able to repair the vehicle and immediately stop the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and the field map of a traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. 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 and 54(1) of the Road Traffic Act (the occupation of a measure that was not taken after the damage) concerning criminal facts, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts.

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