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(영문) 대구지방법원 경주지원 2016.04.27 2015고단837
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaged in driving a car with a gallon.

On July 26, 2015, the Defendant driven the above car at around 18:00, while driving the car, which is located in Dong-dong, Dong-dong, Dong-dong, which is located in the Dong-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, the Defendant driven the two-lane road from Youngcheon to the port direction.

At the time, there was a vehicle waiting for signal signals on the front side of the defendant, so in such a case, the person engaged in driving service has a duty of care to safely drive the front door and prevent all traffic accidents from smoke.

Nevertheless, the Defendant, while under the influence of alcohol content 0.131% in blood, was fluorous and fluorous while driving a motor vehicle in a state where normal operation is difficult, such as a horse is divided into horses, by negligence, caused the injury to the victim E, who is a driver of the said 5-day passenger vehicle, by taking the back part of the DK5 vehicle, which was in the front part of the said gallon, while driving the motor vehicle in front of the said gallon, and taking approximately three weeks of alcohol content into account the back part of the said gallon.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant as a gallon, while under the influence of alcohol of about 50 KN from the roads near, such as a wide area located in the south of the west-gun, Chungcheongnam-gun, Chungcheongnam-si, Chungcheongnam-si to the front side of the race signal belt located in the Dong-dong, Gangwon-si. In addition, the Defendant driven a gallon with alcohol content of about 0.131% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes, such as a traffic accident occurrence report, a report on actual condition (1st, 2nd, 1st and 2nd, inquiry into the results of crackdown on drinking driving, a circumstantial report on the driver under driving

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger, the choice of imprisonment), and Article 148-2 (2) 2 of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment)

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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