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(영문) 대구지방법원 서부지원 2017.01.19 2016고단2283

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 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 BF small-scale car.

On August 24, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.192% among blood transfusions on August 24, 2016, and led the road front of the Daegu Western-gu C building to the boundary of the 2nd community service center of the merchant in the apartment bank where the building was in front of the Daegu Seo-gu C building was in front of the building.

At this point, the center line of yellow domin line is installed, so in such a case, the defendant, who is engaged in driving, has a duty of care to prevent accidents by thoroughly and safely operating the front side and the left side.

Nevertheless, while the Defendant neglected to do so, while driving in the middle line without being able to do so, the Defendant got off the center line in the opposite direction of the Defendant, while driving the victim D (In this case, 67 years old) driving E in the opposite direction of the Defendant, he also received the front part of the bareboat cargo vehicle by the Defendant as the front part of the car of the Defendant.

As a result, the Defendant suffered injury to the victim D, who driven the above co-owned truck due to the above occupational negligence, such as cage, tensions, etc. which requires approximately two weeks of medical treatment, and the victim F (F) who was on board the above cargo cages the above cargo cages for about four weeks of medical treatment. In addition, the Defendant suffered injury, such as cage cages, etc. which require about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. An accident scene photograph (8 times);

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

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. Article 62 of the Criminal Act: