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(영문) 대구지방법원 김천지원 2018.02.08 2017고단1632

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a BK3 car under the influence of alcohol concentration of 0.153% in blood on September 17, 2017, and led D’s front road in Gumisi C to the jurisdiction of the Eup/Myeon office of the present high school.

In this case, there was a duty of care to prevent accidents in advance by thoroughly operating a driver of a motor vehicle, and by operating the steering and brakes accurately, it was a duty of care to prevent accidents in advance.

Nevertheless, as the Defendant neglected to perform his duty at all times in a state where normal driving is difficult due to influence of drinking, the Defendant was negligent in the course of duty, and the Defendant was faced with the front part of the victim E (81) driving in front of the direction of the Defendant.

Defendant 1 suffered injury, such as an injury to the victim, on the part of the above occupational negligence, on credit with no open wound within the chest River that requires approximately six weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the said car under the influence of alcohol with approximately 0.153% alcohol concentration in blood from the distance of about 10km from the gold market in front of the gold market located in the Sin-si, Sin-si, Sin-si, Sin-si, to the front roads in the same city C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An accident scene photograph, a survey report on the actual condition, and a photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes (E);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. The Criminal Act for mitigation of quantity;