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(영문) 대구지방법원 김천지원 2015.01.28 2014고단1397
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

On July 13, 2007, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 13, 2007, and was sentenced to a fine of 4 million won for the same crime at the Daegu District Court on March 20, 2012, and was in violation of the prohibition on drinking under the Road Traffic Act two times or more.

On November 4, 2014, at around 22:15, the Defendant driven a ecoo motor vehicle with a blood alcohol concentration of 0.167%, which is difficult to drive normally, and led directly to the backway side of the KTtel station in the ecoo-si, Gumi-si.

In such cases, the defendant engaged in the driving of motor vehicles is an intersection where traffic is not controlled, so he/she has a duty of care to temporarily stop or slowly drive the motor vehicle, and to safely drive the motor vehicle and prevent the accident.

Nevertheless, the Defendant neglected to do so and was negligent in driving, as seen above, the part of the victim C (the 33-year-old driver’s seat wheeler) driving of the victim C (the 33-year-old driver’s seat wheeler) who was under the direct control of the Daegu Bank as he was in front of the chief driver’s seat of the above Defendant’s vehicle.

As above, the Defendant suffered injury to the victim, such as salt chills, tensions, etc., which require approximately three weeks of medical treatment due to occupational negligence, driving in a state of difficulty due to normal driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, reports on the actual state of drivers, and actual state of traffic accidents;

1. A written diagnosis of a victim C;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

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

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