(영문) 대구지방법원 서부지원 2016.06.24 2016고단734

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(영문) 대구지방법원 서부지원 2016.06.24 2016고단734

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 19, 2016, the Defendant was under the influence of alcohol with about 0.132% alcohol concentration from the 2km section from the blood alcohol level to the c cafeteria road located in the Daegu Seo-gu, Seo-gu, where the trade name near the home flusium located in 1821 cannot be known as of March 19, 2016.

2. On March 19, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the above Orala while under the influence of alcohol, as described in paragraph (1) around 02:20 on March 19, 2016, driving the said Orala, and driving the three-lane road in front of the C cafeteria in Daegu Seogu Seo-gu, at a speed that is difficult to accurately identify three-lanes toward elementary schools while driving the said Orala.

At night and on the two-lanes, the victim E (53) was driving, and in such a case, the driver of the Otoba has a duty of care to safely change the lanes by operating direction, etc. in order to give notice of change of course to the person who drives Otoba and giving notice of change of course, and considering the traffic conditions before and after the passage.

Nevertheless, the defendant neglected to drive under the influence of such drinking as above and changed the lane as it is, due to the negligence, he received the front part of the left side of the above Orala, and received the front part of the above taxi.

Defendant 1 suffered, by such occupational negligence, the injury to the victim E, approximately two weeks of base base and tensions, and the injury to the victim G (the victim 27 years of age) who is the passenger of the said taxi, such as base and tension of the shoulder, which requires approximately two weeks of medical treatment.

As a result, the defendant was injured by the victims by driving the above Orala while normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver in charge; and

참조조문

-특정범죄 가중처벌 등에 관한 법률

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