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(영문) 대구지방법원 경주지원 2014.10.01 2014고단283
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who drives B cargo vehicle on duty.

On March 17, 2014, at around 19:45, the Defendant driven the above cargo while under the influence of 0.108% of blood alcohol concentration, and proceeded with the street 27-3 in front of the air condition of the outer East-dong, Gyeonggi-gu, U.S. in the south of the area.

There was a duty of care to accurately operate the brakes, steering gear and other devices and to safely drive them as a bend and bend road of one lane.

Nevertheless, the Defendant neglected to drive the steering gear in a state where normal operation is impossible due to the negligence of flaging the central line, and caused the collision with the left side of the DNA car driven by the victim C(34 years old) who is driving on the south side of the coast-side, depending on the opposite lane.

As a result, the Defendant inflicted an injury on the victim, such as salt, tensions, etc., that require treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. C’s statement;

1. Application of the traffic accident occurrence report, on-site survey report, on-site photographs, the ledger of driver's license, each car-building register, notification on the results of the drinking-driving control, vehicle driving situation report, diagnosis certificate, certifying the fact of purchasing motor vehicle insurance, and written estimates and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (within the scope of adding up the long-term punishments of the crimes against death or injury resulting from dangerous driving)]

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