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(영문) 대구지방법원 영덕지원 2017.01.25 2016고단248
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On September 22, 2016, the Defendant violated the Road Traffic Act (driving of alcohol) driven D SM5 automobiles under the influence of alcohol by 0.216% from the 3km section to the point where approximately 100 meters away away from the riverside parking lot located in the Ulsan-gun Eup, Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City to the 7mnjin-gun, Ulsan-gun, Seoul Special Metropolitan City.

2. The Defendant is a person who is engaged in driving a motor vehicle DM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At the time of the day indicated in paragraph 1, the Defendant, while under the influence of alcohol content of 0.216% in blood, was driven by the said car, and was driven by the Defendant at approximately 40 to 50 meters in speed on the 7-lanes of the National Road at approximately 100 meters near the north-west intersection on the national highway of the same year, as the above year was driven by the Defendant, along the two-lanes of speed.

It is a road where the center line of yellow solid lines is located, so in this case, there was a duty of care to safely drive the motor vehicle's driving line by maintaining its own driving line without breaking the center line to the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line as above, and the part of the victim E (62 years old)’s driving ahead of the instant road was committed in the direction of the Defendant’s driver’s vehicle in front of SM5 riding.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, suffered bodily injury, such as chest felling, etc. which requires approximately 6 weeks of medical treatment to the victim E, and injury to the victim G (V, 61 years of age) who was on board the victim EF rocketing and other motor vehicles, such as the 4-day bar executive members in need of medical treatment for about 12 weeks.

Summary of Evidence

Report on the occurrence of traffic accidents in police statements E by Defendant at court.

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