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(영문) 대구지방법원 서부지원 2019.03.29 2018고단3553
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 27, 2006, the Defendant was sentenced to a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act. On October 23, 2008, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act and a violation of special larceny. On August 28, 2012, the Defendant was sentenced to a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act (driving) at the branch court of the Daegu District Court.

The Defendant shall drive a K5-car.

Although the Defendant violated the regulations on the prohibition of drunk driving twice or more on September 1, 2018, the Defendant driven the said motor vehicle while under the influence of alcohol level of 0.147% on September 1, 2018, and led the Defendant to drive the said motor vehicle in the direction of Daegu from the direction of the head of the sex.

Since there is a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to thoroughly drive the motor vehicle in the front direction rather than normal and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in driving along the center line while driving along the station while under the influence of alcohol, and the part concerning the front part of the victim C Driving, which was at the opposite lane, was committed as the front part of the Defendant’s car.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as the right satisfaction, dystyposis, etc. which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. On-site photographs, a detailed statement of processing reports 112, internal investigation reports (verification of CCTV which is a suspect's vehicle number), requests for cooperation in investigation, and reports on investigation;

1. Previouss before judgment: Criminal records;

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