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(영문) 대구지방법원 포항지원 2018.05.30 2018고단362

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

The Defendant also is a person who is engaged in driving of a cargo vehicle.

On March 13, 2018, the Defendant driven the above cargo while under the influence of 0.219% alcohol during blood transfusions on March 13, 2018, and proceeded one-lane of the two-lanes in the south-gu canal of the Nam-gu, Southern-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Do-do-do-do-do-ro.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the instant cargo vehicle by the victim D's vehicle driving in the opposite direction one lane at the time of the collision with the central line by negligence.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim, such as the impairment of bodily integrity, which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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. A report on the occurrence of a traffic accident, nine-round photographs, and a survey report on the actual condition of a traffic accident;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] The basic area (4 months to 1 year) (special mitigation (aggravating) is the basic area (aggravating traffic accidents).