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(영문) 대구지방법원 상주지원 2014.11.25 2014고단550
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 4, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the resident support of the Daegu District Court on January 4, 2010, and on August 24, 2010, the Defendant was sentenced to imprisonment with prison labor for 8 months and suspension of execution for the same crime in the same court.

Criminal facts

The defendant is a person who is engaged in driving a low-speed car B.

On August 16, 2014, the Defendant, at around 16:00, driven the said car without mandatory insurance in a state where normal driving is difficult due to the influence of alcohol that reaches 0.213% of blood alcohol concentration, and led the said car to go through the intersection of the private distance distance in the Yong-Naman-gu in the Yong-Naman Island at the time of permanent stay, on the face of the south, in writing.

Since there is a remote intersection where signal lights are installed, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system in light of the traffic situation in the front.

Nevertheless, due to such influence of alcohol as above, the Defendant was negligent in neglecting the duty to stop in front of the driving direction and received the back portion of the victim C(W, 60 years old)'s D Trate driving which was under the influence of traffic at the front of the driving direction as Defendant's driver's car.

As a result, the Defendant suffered, by negligence, the injury of salt, tensions, etc. in need of approximately two weeks of medical treatment to the above C, and the injury to the E (the age of 63) who was on board the top of the damaged vehicle, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about C (21 pages of investigation records);

1. A medical certificate for E (the 32 pages of investigation records);

1. Data on non-performance of mandatory insurance;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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