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(영문) 대구지방법원 2017.01.24 2016고단6072

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

[criminal history] On May 6, 201, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law in the Daegu District Court Kimcheon support on May 6, 201. On May 23, 201, the Defendant was sentenced to a fine of KRW 6 million for the same crime in the same court on May 23, 2013, and was sentenced to imprisonment for 6 months and 2 years of suspended execution and sentenced to two times of punishment

[Criminal facts] The Defendant is a person who drives a B B B Bbee or a car.

On November 12, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.223% among blood transfusions on 20:30 on November 12, 2016, and continued two lanes above the 105 Daegubuk-gu, Daegu Northern-ro, into an airport intersection from the direction of the direction of the airport at the direction of the entrance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to pass along the right side of the center line and to safely operate the brake and steering gear.

Nevertheless, the Defendant was at the right-hand turn in a state where it is difficult to drive a motor vehicle under the influence of alcohol and passed through an intersection, and the Defendant was at the right-hand turn of the victim C(52) driving at the right-hand turn at the right-hand turn of the opposite direction due to the negligence at the center line.

As a result, the defendant suffered injury to the above victim, Dongi E (46) and F (20 years old), respectively, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Three copies of a report on the results of regulating the driving of drinking, a survey report on actual condition, and a medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of a dangerous motor vehicle) of the relevant Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).