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(영문) 대구지방법원 경주지원 2015.09.10 2015고단460
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B Track motor vehicles.

On April 27, 2015, at around 22:05, the Defendant driven the said car at a speed of about 30 km from the fourth distance of gold officer to the direction of yellow knife, while under the influence of alcohol by 0.260%, the Defendant was unable to drive it normally, such as influencing the state of walking, reding, etc., and driven the two-lane road in front of the Seoul Arts Center, which is located in the Yellow-dong at the time of racing, along the speed of about 30 km in speed.

At the time, the signal was installed at night and at the front, so in such a case, the driver had a duty of care to reduce the speed in advance and safely drive the accident to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim C(the age of 28) who was stopped in order to turn to the left at the front by negligence while neglecting this, received the back-hand part of the Darbured vehicle as the front-hand part of the Tracked vehicle.

As a result, the defendant suffered from the victim's injury to the character of head part in need of a medical treatment for about three weeks, and from his/her negligence.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. On the date and time set forth in paragraph 1 of this Article, the Defendant was driving the Track vehicle in the state of alcohol alcohol concentration of approximately 0.260% from the front day of the cafeteria Gambri-ri, Gambri-ri, Gambri-ri, Gambri-ri, Gambri-ri, Gambri-ri, to the front day of the Seoul Arts Center.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a actual condition survey report, and a driver;

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