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(영문) 대구지방법원 김천지원 2017.01.11 2016고단1182

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 engaged in driving a motor vehicle B with detached motor vehicles.

1. Around 14:50 on May 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), while under the influence of alcohol concentration of 0.199% during blood transfusion, the front distance of D in Gumi City C was driven along the two-lanes of the two-lanes between the two-lanes of the tax office and the four-lanes in the face of the export tower.

Since there are many places near the intersection, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving along the lane as the driver of the vehicle takes into account the traffic conditions before and after the course in the case of the driver of the vehicle.

Nevertheless, the Defendant, by negligence, neglected to drive a vehicle at the front time due to influence of alcohol while driving the vehicle at the speed of the vehicle, led the Defendant to take the front part of the Defendant’s driver’s vehicle in the front part of the Defendant’s vehicle, which was driven by a traffic signal at the front direction of the Defendant’s driving vehicle E (35 Do). The lower part of the H Tti-ri vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, with the shock of the vehicle in front of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim E and the victim G, including salt, tension, etc., in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (licensed driving) at the same date and time as paragraph 1, and at the same place as that of paragraph 1, the Defendant driven B Abro-hurd vehicle with alcohol concentration of 0.199% under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A report on the occurrence of a traffic accident, photographs, on-site photographs, and a survey report on actual condition;

1. Each written diagnosis;

1. Statement of the circumstances concerning the driver at the main place of business;