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(영문) 대구지방법원 2014.07.10 2014고단1729
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 driver for the cutting-off of B sprinks and sprinks.

On March 13, 2014, at around 17:30 on March 13, 2014, the Defendant driven the above cargo while under the influence of alcohol content of about 0.235% in a section of about 1km from the front side of the Daegu Yong-gu, Daegu to the front side of the e-mail lock in the same Dong.

B. Around 17:30 on March 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving the said cargo at a speed of about 40 km in the direction of prone distance in the direction of prone distance by driving the said cargo in a state where normal driving is difficult due to the influence of alcohol as stated in the foregoing paragraph (a).

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and by accurately manipulating the steering gear.

Nevertheless, as seen above, the Defendant was negligent in neglecting this while driving in the front and rear by the victim C(the age of 41) who was under the influence of alcohol and stopped in the front and rear of the said cargo vehicle, which was driven by the victim C(the age of 41).

Ultimately, the Defendant driven the above cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby incurring injury to the victim, such as the chilled salt, etc. requiring treatment for about two weeks, and at the same time, damaged the above hurged vehicle to the extent that the repair cost, such as pan-exchange, etc. is equivalent to KRW 933,843.

(c) The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance as a holder of the above cargo vehicle;

Nevertheless, there is a need to do so.

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