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(영문) 대구지방법원 김천지원 2014.05.08 2014고단165
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. 도로교통법위반(음주운전) 피고인은 2014. 1. 27. 02:30경 김천시 신음동에 있는 1박2일 식당 주차장 앞 도로에서부터 같은 시 평화동에 있는 박경욱 내과 앞 도로에 이르기까지 약 3km 구간에서 혈중알콜농도 0.166%의 술에 취한 상태로 B 포르테 쿱 승용차를 운전하였다.

2. 특정범죄가중처벌등에관한법률위반(위험운전치사상) 피고인은 B 포르테 쿱 승용차의 운전업무에 종사하는 사람이다.

On January 27, 2014, at around 02:30, the Defendant driven the said car while under the influence of alcohol with 0.166% of blood alcohol concentration, and led the Defendant to drive the said car along one-lanes with a two-lane radius in the peace Dong in Kimcheon-si, and the front two-lanes along the Gecheon-si basin from the Gecheon-si, Kimcheon-si.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so the defendant engaged in driving service has a duty of care to look at the front side and the left side well, and to safely operate the car and prevent the accident in advance.

Nevertheless, the Defendant neglected this, while driving at the edge of the road, which was parked on the left side of the DST520 car owned by C, which was parked on the left side of the Defendant’s vehicle, due to its shock, caused the said SM520 car behind the Defendant’s vehicle, and led the Defendant to get the entire parts of the FSP car, G’s HH New Port, XG car, and I’s J.m. J. Habridd car in order.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim K (the age of 24) who is the passenger of the Defendant’s vehicle, such as chilling the light that requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, G, and I;

1. A report on the occurrence of a traffic accident;

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