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(영문) 대구지방법원 서부지원 2014.11.13 2014고단1424
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a motor vehicle Brode;

On 29, 2014. 21:10 around 21:10, the Defendant driven the above van on the side of the Geeg Sports Park in a state where normal driving is difficult, such as the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.115% under the influence of alcohol on the road.

The Defendant was negligent in failing to properly handle other vehicles, etc. parked on the front side while under the influence of alcohol, and caused injury to the victim, such as the d 125-cc driving of the victim C(50 years old) who was in a direct operation prior to the Defendant’s knife of the knife in front of the knife of the knife of the knife of the knife, and the knife of the knife.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (driving) under the influence of alcohol 0.115% in blood alcohol concentration at the time and time as stated in paragraph (1) of this Article, and operated the 300-meter above 40 meters above the road from the roads near the sports park located in the new Seogdong-gu, Seogu, Daegu to the roads of convenience store in the trade name of the sports park near the sports park located in the new Dongdong-gu, Seogu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to the actual survey report;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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