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(영문) 대구지방법원 상주지원 2016.08.30 2016고단260
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 a period of 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 the driving of a cargo vehicle B.

On June 8, 2016, under the influence of alcohol content 0.263% in blood around 15:45, the Defendant driven the said cargo and continued to drive the said cargo at a speed of about 60 km from the side of the principal office to the west-Eup at the speed of about 60 km.

The Defendant, while under the influence of alcohol, was unable to properly operate the steering system in front of the front and the steering gear of the yellow-ray and was negligent in the course of driving the center line of the yellow-ray, and was driven by the victim E (59 years old) of the victim E (the 59 years old) who driven the Fpoter Cargo in front of the left part of the Fpoter Cargo in front of the Defendant’s truck.

Defendant 1 caused by negligence on the part of the above business to the above E the injury of salt, tensions, etc. in light of the 2-day medical treatment of approximately two weeks, and suffered from the injury of salt, tensions, etc. in light of the fluencies that require approximately two weeks’ medical treatment to the victim G (V, 59 years of age) who is the fluor of E.

Accordingly, the defendant driving a motor vehicle while under the influence of alcohol, and driving a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The report on the occurrence of a traffic accident, the report on actual condition, the report on the scene of an accident, the report on the statement of the situation of the driver in charge of driving, the inquiry of the results of regulating the driving of drinking, the report on internal investigation, and the application of each statute

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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