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(영문) 대구지방법원 2017.05.25 2017고단813

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 22, 2011, the Defendant was punished by a fine of one million won for a violation of road traffic law at the Daegu District Court on July 21, 201, a crime of violation of road traffic law (driving) and a crime of violation of road traffic law (non-licensed driving) in the same court on July 21, 201, and two or more occasions.

In addition, on November 30, 2015, the defendant was sentenced to 6 months of imprisonment or 2 years of suspended execution due to a violation of road traffic law by the Daegu District Court on November 30, 2015, and such judgment becomes final and conclusive on December 8, 2015 and is still under suspended execution.

[Criminal facts] The Defendant is a driver of BM3 car.

On January 17, 2017, at around 20:55, the Defendant driven the said car with alcohol content of 0.132% while under the influence of alcohol without a driver’s license, and proceeded with a three-way road in front of a three-way mountain distance in the so-called Jinnsan-si, Jinsan-si, as the area of Jinsan-Eup.

The driver of any motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of all vehicles and to refrain from driving at such speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to perform his duty of care in a situation where normal driving is difficult under the influence of alcohol as above and was negligent in driving on the front side of the same room, and received the back side of the victim C(64 ) driver's fluor's fluor's fluor's fluor's fluor's vehicle.

As a result, the Defendant suffered the victim’s salt, tensions, and tensions of the chills that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A survey report on actual condition, a statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the previous decisions).