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(영문) 대구지방법원 2017.09.07 2017고단3708

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who is engaged in driving a gallon B.

On May 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.22% during blood transfusion 0.22% on May 18:23, 2017, and turned it to the intersection of Cheongdo-gun Samsung Samsung 2, Cheongdo-gun, Samsung-gun, the Defendant turned it to the intersection of Cheongdo-gun, the Gido-gun-gun, the bypass from the Hido-gun

Since there is an intersection, there was a duty of care to prevent accidents in advance by safelypassing the vehicle's driving staff according to the right edge while driving the vehicle according to the right edge.

Nevertheless, the Defendant neglected this and neglected so doing and neglected so, and caused by negligence bypassing the right side of the horse, and received the D'D Driving D's turn turn to the right side of the car to the right side of the gallon with the above gallon, which turn to the right side of the gallon when the Defendant got left to the right side of the gallon.

As a result, the defendant driving a gallon with the above gallon in a situation where it is difficult to drive the vehicle normally due to influence of drinking, and caused the victim to suffer from the loss of the salt and tension for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement on the circumstances of the driver involved in the driving and appraisal report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);

1. Selection of imprisonment with prison labor chosen;

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 under Article 62-2 of the Criminal Act [the scope of recommending punishment] The general traffic accident area of Type 1 (Bodily Injury by Traffic Accidents) [In the case of driving, etc., a person with a special aggravated punishment] drinking, etc. [the sentence] - Unfavorable circumstances: the defendant is under the influence of alcohol.