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(영문) 대구지방법원 2015.09.24 2013고단6995
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

[criminal power] On October 5, 2012, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court. On January 22, 2013, the same court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving). On March 22, 2013, the same court was sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving service of Cbeer or passenger.

On November 19, 2013, the Defendant driven the said vehicle with a blood alcohol content of 0.180% while under the influence of alcohol without obtaining a driver’s license on November 19, 2013, and led the said vehicle to proceed with the road of one lane in front of the Northwestan Fire Station, which is located in the Yancheon-si in the Northwest-si, Seocheon-do.

At this point, there is a one-lane road in which the center line of yellow-ray is installed, so in this case, the driver of the motor vehicle has a duty of care to thoroughly control the front line so that people engaged in the driver's duty of driving the motor vehicle may not intrude the center line, and to accurately manipulate the steering direction and brakes of the motor vehicle so that the accident can be prevented by accurately manipulating the steering direction and operating the motor vehicle.

Nevertheless, the Defendant, without a driver’s license, neglected to drive a motor vehicle in the front place while it is difficult for the Defendant to drive the motor vehicle normally due to drinking while driving the motor vehicle at the front place and frighted to the center line while driving on the opposite lane. The Defendant received the front part of the victim D(In this case, 51 years old) driving the motor vehicle in front of the motor vehicle in front of the motor vehicle driving of the Defendant.

As a result, the Defendant suffered injury to the victim D, such as light salt in need of treatment for about two weeks due to such occupational negligence, and injury to the victim F (V, 68 years of age) who was accompanied by the damaged vehicle, such as cerebral sye, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.

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