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(영문) 대구지방법원 안동지원 2018.08.21 2018고단5

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 October 20, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws in the Daegu District Court’s support on October 20, 201; ② on April 29, 2015, the Defendant received a summary order of KRW 4,50,000 as a fine for a violation of road traffic laws; and is engaged in driving freight vehicles B.

On November 16, 2017, the Defendant driven the above truck under the influence of alcohol level of 0.173% among blood transfusions on November 16, 2017, and led to turn to the left at the seat of the Eup/Myeon office from the seat of the Pungsung Hospital to the seat of the Eup/Myeon office.

At this point, there was a duty of care to prevent accidents in advance by driving safely while accurately operating the steering system, brakes, and other devices according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected to do so, and thereby, driven without accurately operating the steering and steering system in a state where normal driving is difficult due to influence of drinking, and thereby, driven by negligence without accurately operating the steering and steering system, and was driven by the driver E (56 years old) of the injured party E (56 years old) who was driving in the direction of a sexual heart hospital in the direction of the wind.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as a pelvis and other pelkeel, which require approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a statement report on the situation of the driver in charge, a circumstantial report, an inquiry of the results of crackdown on drinking driving, an on-site photograph, and a written agreement;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.