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(영문) 대구지방법원 2014.11.13 2014고단2223
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

The defendant is a person who is engaged in driving of a motor vehicle in C SP area.

1. Around March 13, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Crimes Act”) led the Defendant to the speed of 80km in speed from the middle parallel to the front cycle of the city at the speed of 80km in the speed of 0.128% under the influence of alcohol concentration of 0.128%.

At the time, the center line of the yellow-ray is installed at night and there is a place where the yellow-ray is installed. In such a case, there was a duty of care to prevent accidents in advance by thoroughly operating the motor vehicle driving service with the front line and safely operating the motor vehicle.

Nevertheless, the Defendant neglected this and was driven by the victim D (year 51) who was driving two lanes from the third-lane road due to the negligence of driving a central line while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally while under the influence of alcohol, and was driven by the victim D(year 51) prior to the left side of the said motor vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks, and suffered injury to FF who was on board the same taxi for about eight weeks, such as light dumping of a trend requiring treatment for about eight weeks.

2. On the date and time set forth in the preceding paragraph, the Defendant driven a vehicle as stated in the preceding paragraph in the preceding paragraph with a blood alcohol concentration of about 4.9km from the front of a restaurant where it is impossible to ascertain the trade name in the new river market located in Daegu Suwon-gu Modong to the front road of about 82 U.S. Nam-gu N.S. and the 4.9km-gu N.Y. to the front road of the 1 complex of N.Y.Y. 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in D;

1. Medical certificates;

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