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(영문) 대구지방법원 김천지원 2015.01.22 2014고단1326
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 three 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 motor vehicle B.

On October 2, 2014, at around 20:35, the Defendant driven the said car in a state where it is difficult to drive normally due to the alcohol concentration of 0.224% under the influence of alcohol in blood, and proceeded to turn to the left on the left from the slope of the mountain-do.

At all times, it is a place where traffic is controlled by the traffic signal apparatus, so it shall be done slowly, and there was a duty of care to safely drive according to the new code.

Nevertheless, the Defendant neglected to turn to the left due to negligence in violation of the signal, and received the part on the left side of the car of the victim C(37 years old) driving, who was straighted by the new head of the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as acute climatic climatics and lower climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, a driver, a standing statement, a vehicle photograph, a survey report on actual condition, and on-site photograph;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment within the scope of the sum of the long-term punishments as determined by the crime of violation of heavy special Acts, but the lowest sentence shall be based on the punishment determined by the crime of violation of the Road Traffic Act);

1. Suspension of execution is very serious, and the violation of signal under Article 62(1) of the Criminal Act.

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