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(영문) 대구지방법원 김천지원 2018.07.12 2018고단194
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a vehicle to capture C booms.

On February 14, 2018, the Defendant, while under the influence of alcohol 0.197% during blood transfusion around 19:05, was driving a motor vehicle with the front road in front of the Gumi-si without obtaining a driver’s license in the condition that it is difficult to drive the motor vehicle normally.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and steering gear well and accurately.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was able to receive the front part of the victim E driving which was maMY125B due to the negligence in the process of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as on-the-spot, fry, and cerebral le, which require approximately three weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant without obtaining a driver’s license from the front of H located in Gu-si G in Si/Gu-si to the site of accident as described in paragraph (1) at approximately 500 meters away from the 500-meter section, while under the influence of alcohol with a blood alcohol content of 0.197% from the place of accident as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, on-site photographs, and medical certificate (Ma2);

1. The circumstantial statement report of a driver at driving, inquiry of the results of crackdown on drinking driving, the ledger of driver's licenses (Ma1), the details of revocation of driver's licenses (Ma1) and the application of statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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