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(영문) 대구지방법원 경주지원 2015.02.12 2014고단916
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

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

On September 21, 2014, at around 00:10, the Defendant driven the said car while under the influence of alcohol with 0.254% of alcohol concentration, and led the Defendant to drive the said car on the side of the racing-dong Eup entrance room in front of the Seocho-dong Eup entrance room in the racing.

Since the place is a one-lane road in which a central line is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle along the lane and prevent any traffic accident.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly hold off his vehicle, and due to the negligence of driving the central line in a situation where normal driving is difficult due to the difficult judgment and consciousness, conflict with the driving of the victim C(23 years old) in front of the left-hand driver and the left-hand side of the driver's vehicle of the victim C(23 years old) driving on the opposite lane.

As a result, the Defendant caused the above C to suffer injury to salt and tensions in need of treatment for about two weeks, and the victim E (24 years of age) who was on board the said high-est car, suffered from the injury of salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1 and Article 44 (1) of the relevant Act on the Punishment, etc. of Specific Crimes, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;

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

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. The extent of injury under Article 62(1) of the Criminal Act is minor and the vehicle of the defendant is covered by a comprehensive insurance, and there is no criminal conviction or error.

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