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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1108

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 10, 2016, at around 20:05, the Defendant driven a blood alcohol level of 0.192% in a state of difficulty in normal operation due to the influence of alcohol on August 10, 2016, and driven a three-lane road in front of the 7-gu neighboring Green Park, Seoul Metropolitan City, located in the 429 Principles of Oran-gu, Nam-gu, Seoul at the port, with three-lanes of speed toward the direction of invoked from the ducian.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and safely to protect the tea.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, she was driven by the victim C (the 69-year-old) who was parked in the opposite taxi platform due to the negligence of the central line, and was driven by the victim C (the 69-year-old) on the opposite taxi platform, brought the panion part behind the Defendant’s vehicle into the front part of the Defendant’s vehicle, and caused the said cab to be driven by the victim E (the 60-year-old) while driving the said cab due to its shock.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of alcohol as above, and suffered from the victims, such as the light finite salt and the tension for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each written diagnosis;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes to the regulations on drinking driving, notification of the results of the regulations on drinking driving, the circumstantial report of drinking drivers and the circumstantial report (whether or not

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 40 and 50 of the Commercial Concurrent Crimes Act, the punishment is more severe for the victim C.