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대구지방법원 상주지원 2019.08.20 2019고단143

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On January 16, 2019, around 03:44, the Defendant driving the said car under the influence of alcohol concentration of 0.124% from the street before the offline of the “D” house at Lhyeong-si, and driving it at the intersection of the front line of the “F restaurant” located in E at Lhyeong-si.

At this point, the driver's duty of care to ensure the safety of the course by checking the right and the right and the right and the right of the driver of the motor vehicle in such a case, and even though there was an occupational duty to accurately operate the steering gear and the brake system and to safely pass the intersection, the defendant neglected this duty while driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of alcohol at the 0.124% of the blood alcohol level, such as the operation of the steering gear or the steering gear, etc., due to the negligence of driving the motor vehicle at the right side of the Mocheon.

Ultimately, the Defendant caused the victim G(22 years of age) who was on board the head of the pertinent car operation due to the foregoing occupational negligence to inflict an injury such as the frame, closure, etc. of the offline gate, which requires approximately seven weeks of medical treatment, and the victim H(21 years of age) who was on board the lower end of the said car caused an injury to the lower part of the lower part, which requires a two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to H and G;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;