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(영문) 대구지방법원 경주지원 2014.06.25 2014고단114
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B-learning passenger car

On February 14, 2014, at around 23:45, the Defendant driven the said car while under the influence of alcohol of 0.143% of blood alcohol level. On February 14, 2014, the Defendant was driving the said car, and the Defendant was driving on the front of the Yecheon-dong Hacheon-dong Hocccccck in the window of the next apartment.

At the time, commercial buildings and housing are concentrated, and there are many pedestrians, so the driver has a duty of care to safely see the right and the right and the right of the driver while taking care of pedestrians.

Nevertheless, as seen above, the Defendant was negligent by failing to properly operate the steering gear and steering gear by drinking so that he could not well see the front door, and found the victim C and the victim D who was placed at the front door of the proceeding direction late, and operated it rapidly, but did not avoid it, and received the victim C and the victim D respectively by the front part of the left-hand part of the motor vehicle with the victim C and the front part.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as a multi-pactlock, etc. which requires treatment for about two weeks, and injury to the victim D, such as the left-hand check, which requires treatment for about two weeks, respectively.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without a driver’s license of a vehicle at the time specified in paragraph (1) and driven a 500-meter B-learning car from the street boomed in front of the Hocheon-dong, Hocheon-si to the point of the said accident, while under the influence of alcohol of 0.143% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement of D and C;

1. The report on the occurrence of a traffic accident, the actual condition survey report, on-site photographs, and photographs of the harming vehicles;

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