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(영문) 대구지방법원 김천지원 2017.10.24 2017고단980
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. On June 18, 2017, the Defendant: (a) driven a blood alcohol level of approximately 0.241% while under the influence of alcohol level of KRW 0.241% from the 300-meter section of the Geum-si apartment, which is located in the 65-meter old Si Newcom, around 22:26, 201.

2. The Defendant is a person who is engaged in driving on the part of the Defendant who violated the Act on the Aggravated Punishment of Specific Crimes (the death or injury prior to the risk).

On June 18, 2017, the Defendant proceeded two lanes at the bottom of the Geum-si apartment complex, which is located in the 65-lane of the Sinsi, at the Sinsi, on June 22:26, 2017, along the two-lanes of the mountain four-lanes.

There was a duty of care to safely proceed along the lane by putting a hotos on the hond road with the direction of the road and accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant, as described in paragraph 1, caused injury to the victim C (the 20-year-old) who was on the back west of the above Otoba while driving a road on the right side of the running direction due to occupational negligence, which did not accurately operate the steering direction and brake system in a state where normal driving is difficult due to influence of alcohol, such as a light distance, etc., and caused the victim C (the 20-year-old age-old), who was on the back Otoba, by shocking with the front wheel part of the above Otoba, thereby leading the victim C (the 20-year-old age-old) to receive approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to all site photographs and CCTV images for crime prevention;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act (the point of drinking);

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