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(영문) 대구지방법원 서부지원 2018.05.10 2017고단3214
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 BM5 car.

On October 21, 2017, at around 17:40, the Defendant, while under the influence of alcohol of 0.146% in the blood, driven the said SM5 vehicle while driving the said SM5 vehicle at the same time as the two-lanes from the IC bank in Seogu, Daegu, the Defendant changed the course to the one-lane.

At the same time, the two-lanes of the victim E(49) and the H SP car driven by the victim G(29) were stopped in the signal atmosphere. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes by making the front door well and the speed reduction.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, found the vehicle at a late time after the stopping of the vehicle, received the back part of the vehicle at the Defendant’s front floor of the vehicle at the Defendant’s end, and due to the shock, received the part on the back part of the vehicle at the Defendant’s front floor.

Ultimately, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered from the Defendant’s injury to the victim G, such as light catum catum, which requires approximately four weeks of medical treatment, and light catum catum, tension, etc. which require two weeks of medical treatment to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. A photograph and photograph of each accident scene;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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