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(영문) 대구지방법원 서부지원 2019.02.22 2018고단1660
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 01:00 on June 5, 2018, the Defendant: (a) driven a C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

2. On June 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle in the direction of two sort four distance from the surface of the dead voltage distance by driving the said vehicle under the influence of alcohol concentration of 0.205% under the influence of 0.205% on the street front of Daegu-gu, Seogu.

In such cases, a driver of a motor vehicle has a duty of care to keep traffic accidents from driving on the front side and securing safety distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the part behind the victim D's E-Malaysia drive, which was parked in the signal atmosphere before the Defendant's running direction, was followed by the Defendant's vehicle in front of the passenger car.

As a result, the Defendant brought the victim with salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Notification of the results of crackdown on drinking driving, report on the state of drinking drivers, and report on the state of drinking drivers;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act; the choice of imprisonment for each crime,

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant caused a traffic accident by driving under the influence of alcohol in this case.

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