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대구지방법원 2018.04.26 2017고단6980

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2017, the Defendant was driving B cruise car under the influence of alcohol content of about 0.237% in the section of about 100 meters from the four-distance ahead of that in Daegu-gu, Daegu-gu, to the road in front of the Tae-gu, Jung-gu, Seoul-gu, to the day preceding the Tae-gu, Tae-gu, Tae-gu. In short, the Defendant driven B cruise car under the influence of alcohol content of about 0.237%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B-cricking car with alcohol concentration of 0.237% at the time of the day set forth in paragraph 1, and led to a Daegu-gu Station in Taegu-gu, Daegu-gu, Taegu, to drive the front road of the apartment.

In this case, there was a duty of care to safely drive a driver of a motor vehicle by accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front city, and the Defendant was able to drive the victim C(57 Do) who is waiting for signal waiting at the front of the road and the back of the 3 chemical vehicles in front of the passenger car of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as light dynasium, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

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

1. Relevant provisions 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 point of causing danger driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;