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(영문) 대구지방법원 포항지원 2018.04.04 2018고단34

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 December 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) driven by C Poter cargo vehicle while under the influence of alcohol concentration of 0.112% in blood at the port of port in the north-gu death of North Korea at the port of one-way on December 10, 2017, and led the C Poter to the flow from the live mountain tunnel on the side of the live mountain road.

At this point, there was an intersection where signal lights are installed, so the driver has a duty of care to accurately operate the steering gear and brakes in accordance with the signals and prevent the accident in advance, but the defendant neglected to do so and neglected to do so, but the part of the victim D(68 Do) 5 car driving the left side from the right side of the moving direction to the left side according to the new code, which led to the collision with the front part of the vehicle of the defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the damage to the pelle on the left-hand side of the trend requiring approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C Poter truck with C 0.112% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The actual investigation report on traffic accidents;

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 concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.