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(영문) 대구지방법원 서부지원 2017.06.23 2017고단235

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six 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 who is engaged in driving a vehicle B with low investment.

1. On January 22, 2017, the Defendant driven the said car under the influence of alcohol with approximately 0.182% alcohol concentration from the 2km section of approximately 2km to the road in front of the “Tai apartment site in the Seocheon-gu, Seogu, Daegu-gu, Seocheon-gu, Daegu-gu.”

2. On January 22, 2017, the Defendant, while under the influence of alcohol on 00:10% of alcohol during blood, was driving the said vehicle at a speed of 0.182% and continued to drive the said vehicle at approximately 60km per hour from the parallel of U.S. to the parallel of U.S. at the speed of 16 lanes in the month of Daegu Western-gu, Seogu.

As above, Defendant 1 continued to drive under the influence of alcohol while normal operation is difficult due to the said influence of the said vehicle, and the part concerning the back of the victim C(62) who was stopped in front of the said vehicle was driven by the victim C(62) of the said vehicle as the front part of the said vehicle.

As a result, the defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment.

Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 교통사고발생상황보고, 교통사고 실황 조사서⑴⑵

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 of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of a sentence of imprisonment with prison labor for the crime;

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. Article 62 of the Criminal Act: