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(영문) 대구지방법원 2014.04.17 2014고단608
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On January 12, 2014, at around 18:58, the Defendant driven the above vehicle while under the influence of alcohol of 0.178% of alcohol concentration, and led the Defendant to proceed with a road of about 50 km per hour in front of the heading bank in front of the heading shelter located in the Cheongsado-gun, Cheongsado-gun, Chungcheongnam-do-do-si, Cheongyang-do-do-si.

At the time, it was difficult to set the sea, and there was a center line of yellow solid lines installed at that time, so that those engaged in driving of vehicles have the duty of care to safely drive the brakes and steering gear so that they do not disturb the central line by reducing speed and properly manipulating the brakes and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in driving along the center line, and was driven by the victim C(W, 40 years old) who is driving in normal conditions along the lane on the flive surface of the Madun Motor Vehicle in front of the right part of the vehicle driven by the Defendant.

After all, the Defendant driven the above vehicle in a situation where normal operation is difficult due to influence of alcohol, and suffered injury to the victim, such as chest inception, which requires a medical treatment for about three weeks, injury to the victim E (the 43-year old-age) of the damaged vehicle, such as brain salvy in need of medical treatment for about two weeks, and injury to the same passenger F (the 57-year-old age), such as the open head of the family in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a bhurged vehicle with a blood alcohol concentration of about 150 meters from a section of approximately 150 meters from the front of the Matern Natural Recreation Forest located in the Cheongdo-gun Cheongdo-do-do-do-si Do-si, to the front road of the same Ri.

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