beta
(영문) 대구지방법원 상주지원 2017.05.16 2017고단31

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The Defendant is a person who is engaged in driving of a vehicle B with low risk driving (the injury or injury caused by risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On December 2, 2016, the Defendant, while under the influence of alcohol 03:35% in blood, driven a two-lane road in the middle of C at the time of residing at the time of residing at the same time with two-lanes in the front of C, with two-lanes from the gate to the gate of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the 40km level.

The Defendant, while under the influence of alcohol, was driving in a station without properly operating the front-time, steering, and brakes, while driving along the station, while driving in a normal manner depending on the lane.

D Driving, the front part of the G SP car driven by the Defendant F (Fe. 5 years old) was driven by the Defendant F (Fe. 5 years old) after taking the left part of the car left part of the car by the Defendant’s vehicle. The front part of the G SP car was driven by the Defendant F (Fe. 5 years old) in front of the right part of the car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as the closure of the part of L2, which requires approximately 12 weeks medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a car with the highest alcohol level of about 0.123% from the 6km section to the road in front of the bus terminal located in Gyeyang-dong at the time of residing at the time of the day specified in paragraph (1) to the front of the accident site specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident, inspection report on actual condition, notification of the results of crackdown on the driving of alcohol, statement report on the situation of the driver placed at drinking, inquiry into the results of crackdown on the driving of alcohol, inquiry into each vehicle, and inquiry into each mandatory insurance;

1. Each investigation report (No. 9,26,28,29,33 in the list of evidence);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant provisions of the Act concerning facts constituting an offense;