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(영문) 대구지방법원 2018.02.08 2017고단5975

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving), is a driver of the B Trate car.

On August 19, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol on 0.191% during blood alcohol concentration from around 22:25 on August 19, 2017, and driven the front of the 209 Young-gu University to the Young-gu University at Gyeongsan-si.

The driver of any motor vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the motor vehicle without influence, such as drinking, and to refrain from driving the motor vehicle at a speed or in a manner that may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the

Nevertheless, in order to make a left-hand turn on the part facing the driving direction due to the negligence of driving while under the influence of alcohol, the Defendant received more parts of the DSP car left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on

As a result, the Defendant suffered the injury of the victim E (32) who was on board the above C and the above SP car due to this, for approximately two weeks of medical treatment.

2. The Defendant, in violation of the Guarantee of Automobile Compensation Act, driven the said B T-D car without purchasing mandatory insurance at the same time and place as that set forth in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each written diagnosis;

1. Inquiries into the actual condition, reports on the circumstances of drivers engaged in driving, investigation reports (report on the circumstances of drivers engaged in driving), inquiry into the results of crackdown on drinking driving, and inquiry into the mandatory insurance;

1. Application of the Acts and subordinate statutes to video recording of black boxes;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and Article 46 of the Guarantee of Automobile Compensation Compensation Act.