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(영문) 대구지방법원 서부지원 2013.03.21 2013고단149
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

[criminal power] On March 13, 2007, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (unlicensed Driving) from the Seog District Court's branch on September 4, 2007.

In addition, on November 8, 2007, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor due to a violation of the Road Traffic Act (driving) in the Seogu District Court Branch of the Daegu District Court.

【Criminal Facts】

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

1. Around 20:45 on January 20, 2013, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.146% at the section of about 10 meters, from the 10 meters away from the front of the food restaurant to the road in front of the Seogu Seo-gu, Seogu, Daegu.

2. On January 20, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter “Dangerous Act”) and around 20:45 on January 20, 2013, the Defendant transferred the road in front of the Si/Gun Office of Seosung-gu, Daegu to a two-lanes of the two-lanes of the two-lanes of the two-lanes of the two lanes

Since the place is divided into a narrow channel and a broad length, there was a duty of care to safely bypass the front left, the person engaged in the driver's duty of care.

Nevertheless, the Defendant neglected this, while driving a two-lane under the influence of alcohol as in the preceding paragraph, and was negligent in the course of business prior to bypassing it, and Dcoin driven by the victim C(24 years old) who was going straight along the two-lanes of the above road, from the bank of Samil Hospital to the boundary of the illegal site, was also considered as the left-hand part of the car driven by the Defendant.

Ultimately, the Defendant is treating the victimized vehicle driver for about three weeks due to the above occupational negligence.

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