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(영문) 대구지방법원 경주지원 2019.01.16 2018고단512

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a M& car

On May 21, 2018, the Defendant, at around 22:55, driven the said car in a state that it is difficult to drive normally due to the influence of alcohol that reaches 0.143% of the blood alcohol concentration, and driven the said car at a snife speed by driving the three-lane road in front of the Dart C at the time of racing along the two-lane distance from the snife distance.

On the other hand, there was a four-distance crossing in which crosswalks are installed, so in such a case, the driver had a duty of care to reduce the speed and properly operate the traffic situation and signal of the front line and to prevent the accident by operating the steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to accurately operate the steering direction and brake system, such as a little string, influorous red, influorous, and a little string distance, and thus it is difficult to normally drive the steering system. Nevertheless, the Defendant, by negligence, led the Defendant to the math on the road at which he was driven by driving the said mathr car, received the victim E (72 years old) who was driven by leading the Defendant to the mathr.

As a result, the Defendant driven the said marina car in a situation where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the credit rating No. 5-6 trend, which requires about 10 weeks medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (driving a sound driving) from the parking lot of the Yellow Park in the Yellow-dong at the time of a temporary racing, such as the above 1.1. to the Dmast car under the influence of alcohol concentration of about 0.143% from the 10k section of the 10k section of the 10k section of the 10k-si from the day of a race racing to the day before the Dma

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement to E by the police;