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(영문) 대구지방법원 김천지원 2016.12.21 2016고단783
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 is engaged in driving a BP car.

On May 4, 2016, the Defendant driven the said car at around 19:50, and led the Djuri-distance road in the Gumi-si, Gumi-si, to drive the said car into the yellow-dong bank, while under the influence of alcohol concentration of 0.202% in blood alcohol level, the Defendant was under the influence of alcohol level.

The location is three-lane roads, and the vehicle traffic volume is high. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by living well on the front left and maintaining a safe distance.

Nevertheless, the Defendant neglected to drive the vehicle and received by negligence the back part of the FObba in the front line of the victim E (E, 43 years old) driving, which was in the front line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on the occurrence of traffic accidents, on-site photographs, actual condition survey reports and photographs;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Determination of sentencing criteria (determination of types) shall apply to traffic accidents in general: Driving under the influence of alcohol when the first type (the injury of a traffic accident) mitigation element occurs: In cases of minor injury, driving under the influence of alcohol;

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