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(영문) 대구지방법원 경주지원 2016.08.18 2016고단427
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 9, 2014, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court and Racing Support, and on April 21, 2015, the Defendant issued a summary order of KRW 7 million for the same crime at the same court on April 21, 2015, on six times the driving power of drinking and four times the non-licensed driving power.

[Criminal Facts]

1. The Defendant is a person who is engaged in driving of C Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On May 1, 2016, the Defendant, while under the influence of alcohol 0.208% from blood alcohol level from May 15:5, 2016, the Defendant driven the above cargo in such a state that it is difficult to drive normally, such as the crossing snow and heavy walking conditions, and the coloring red, while driving the above cargo, and driving the vehicle on the one-lane road in front of the outer East-dong-Eup Coast, the Defendant pushed the central line toward the coast shooting distance from the direction of the cooling-ri, East-dong Coast to the opposite lane.

At this point, it is a road with frequent traffic of vehicles. On the other hand, the victim D(46) driving car is proceeding, so in such a case, there was a duty of care to safely drive the vehicle by keeping the vehicle well, driving the vehicle on the front right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right

Nevertheless, while under the influence of alcohol, the Defendant failed to discover the said car with the opposite lane beyond the central line as above, and received the front part of the said car with the front part of the said freight vehicle.

As a result, the defendant suffered from the victim's prizes, inspections, etc. in need of approximately three weeks of medical treatment.

As a result, the defendant injured a victim by driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking.

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