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(영문) 대구지방법원 서부지원 2018.10.24 2018고단630
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2018, the Defendant driven DST7 car under the influence of alcohol level of 0.161% during blood alcohol level from around 15:26 on January 11, 2018, and led to the way forward of the 3-distance of the 1062 Masan-ro, Sungsan-ro, Masan-ro, Masan-ro, Masan-ro, to the Daegu-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by driving the front side and accurately operating the steering and steering devices.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, while taking the back part of the FF-learning Motor Vehicle of the victim E (43 ) who stops in the signal waiting at the front side as the front part of the above SM7 Motor Vehicle, and due to the shock, the Defendant got the back part of the H H Poter Motor Vehicle of the victim G (60 years old) who is waiting in the signal signal at the front side while driving in the front side.

As a result, the Defendant suffered, by its occupational negligence, the injury to the said E, such as cryp and dump dume in need of approximately 3 weeks of treatment, the injury to the victim I (the 73 years of age) who is the fump of the said fump-learning car, such as the bones of the bones of a wood spine in need of approximately 12 weeks of treatment, and the injury to the said G, such as cump dump, tensions, tensions, etc. which require approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of each written diagnosis (E, I, and G) statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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