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(영문) 대구지방법원 포항지원 2013.09.05 2013고단607
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 6, 2013, the Defendant suspended the validity of the driver’s license at around 02:17, while driving a motor vehicle of 0.150% of the blood alcohol concentration, and led the Defendant to drive the motor vehicle of 2 Apurt-purd, which is under the influence of alcohol concentration of 0.150% and proceeding the road of 1-lane in front of the “Nek-gu Gyeongk-do” in the south-gu Gyeongk-dong at port from the direction of the “T

Since there is a place where one way enters a four-lane road, there was a duty of care to prevent accidents by temporarily stopping or slowly driving a person engaged in driving of a motor vehicle and driving a motor vehicle safely.

Nevertheless, the Defendant neglected this and entered the four-lane road as it is, and turned down from the Han Tri-distance side to the 3-lane distance, the front part of the victim C(n, 31 years old) driving's fright side of the driver's frighton car was shocked into the left side of the said Ari-ri-ri-ri-ri-ri-ri vehicle.

Ultimately, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, was negligent in the course of performing the above duties, and the Defendant suffered injury, such as salt dynasium, tension, etc., for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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