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(영문) 대구지방법원 김천지원 2016.05.26 2016고단256
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person driving B rocketing cars.

On January 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.159% among blood transfusion around 22:00, and led D to the front road in the Gumi-si C from the diameter of LG human resources to the modern apartment protection area.

At the front of that place, there was an intersection and the preceding vehicle stops in accordance with the signals of the intersection, so there was a duty of care to operate safely by controlling speed in advance while accurately operating the steering and brakes.

However, the Defendant neglected this and proceeded in the state where normal driving is difficult due to the influence of alcohol, and caused the back portion of the victim E (the 47-year-old driver)'s FM passenger car in front of the above rocketing passenger car, and caused the shock, thereby causing the victim G (the 56-year-old driver)'s driving of the signal waiting in front to get the back portion of the signal towing vehicle.

After all, the defendant suffered injury to the victim E, such as brain salvy in need of approximately three weeks of treatment due to the above occupational negligence, and the victim G suffered approximately four weeks of treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking) driven the said car under the influence of alcohol leveling 0.159% from a section of about 150 meters from the date and time set forth in paragraph (1) of this Article, on the side of the Roman Park in the Gu and Sinsidong, to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident-related statement of E;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. The survey report and photographs of the actual condition;

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