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(영문) 대구지방법원 서부지원 2018.03.28 2017고단2014

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

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 1, 2017, the Defendant driven the above vehicle on the front side of Seogu Daegu-gu, Daegu-gu, and proceeded along three-lanes from the four-lane off to the three-lane off of the CU convenience store.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol content 0.240% in blood, was drunk, and the walking condition is divided into a string and the face is red, making it difficult to drive a car normally due to the influence of drinking. However, the Defendant, while neglecting the above duty of care, conflict with the victim D (19 Syst or the back right-hand part of the vehicle in front of the vehicle in the string area of the said string area by negligence in the course of performing duties and neglecting the duty of care.

Ultimately, the Defendant suffered injury to the victim F (17 Does) who was the seat of the victim D and the driver of the said rocketing vehicle due to the foregoing occupational negligence in a situation where normal driving is difficult due to the influence of drinking, such as the climatic salt, tension, etc. requiring approximately two weeks medical treatment.

2. On July 1, 2017, the Defendant: (a) driven a B SP vehicle under the influence of alcohol content of about 0.240% at the section of approximately 50 meters from the 500-meter radius adjacent to the New Linari-dong, Daegu-gu, Seo-gu, to the front day of the same Gu, while driving the B SP vehicle under the influence of alcohol content of about 0.240%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver of a drinking alcohol, a report on the results of crackdown on drinking drivers, and a observation report of the

1. Application of Acts and subordinate statutes of each written diagnosis;

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