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(영문) 대구지방법원 경주지원 2015.03.18 2014고단1070
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaging in driving a rocketing car.

On December 4, 2014, at around 01:05, the Defendant driven the said car while under the influence of alcohol with 0.183% of alcohol level 0.183%. On December 4, 2014, the Defendant continued two-lanes in front of the luxa University in Seocheon-dong, Chungcheongnam-dong, Chungcheongnam-do, with the luminous distance away from Seocheon-do.

A person engaged in driving motor vehicles has a duty of care to operate motor vehicles in a safe manner by accurately operating operation of operation, steering devices, and other devices and driving them.

Nevertheless, the Defendant did not see the front side in the situation where normal driving is difficult due to such influence of drinking as above and proceeded without properly driving it on the said vehicle, and concealed the rear part of the victim D(the 42-year-old truck)'s E-Poter's rear part of the victim D(the 42-year-old truck), and caused the above-mentioned cargo vehicle to see the rear part of the passenger F(the 51-year-old truck)'s gallon's rear part of the passenger F(the 51-year-old truck) in the front signal.

As a result, the Defendant suffered injury to the said D, such as catitiss, which requires treatment for about two weeks, and injury to the said F, such as catitiss, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or D;

1. Each statement of the F;

1. Application of the Acts and subordinate statutes governing the verification of the purchase of motor vehicle insurance, such as a traffic accident report, actual condition survey report, field photo, ledger of each driver's license, each vehicle model, notification of the results of drinking driving control, circumstantial records of drinking drivers, notification of completion of correction, each written diagnosis, investigation report, written estimate, each written estimate, and each written estimate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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