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(영문) 대구지방법원 2018.02.09 2017고단6385
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. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 8, 2017, the Defendant driven the above car at around 18:40, while driving the car, which is 155-lane from the compensation for state bonds of the Daegu Metropolitan City Dong-gu, Daegu Metropolitan City, led to the Defendant, from the four-lane side of the claim, to the Han Kek Kando, one speed of about 30 km from the other three-lane to the Han Kando.

At night, the front door of the location was an intersection where traffic control is conducted pursuant to the signals, so there was a duty of care to drive safely by checking the front door and the left and right without driving under the influence of alcohol for a person engaged in driving service.

Nevertheless, the Defendant did not see the victim C(75 years old) driving, who was under the influence of alcohol and was waiting to turn to the left at the left due to the negligence of being driven, and did not see the victim C(75 years old) driving, and was behind the said taxi in front of the Defendant’s car.

As a result, the Defendant suffered bodily injury, such as climatic salt, etc., which requires approximately two weeks of medical treatment, by occupational negligence, in a state where normal driving is difficult, such as red-lighting, walking, unfolding, and sounding.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of 0.209% of alcohol content in blood at approximately 2km section from the front of the restaurant near the MaBC Broadcasting Station located in the Gangseo-gu, Daegu Metropolitan City, Sin-gu, to the front of the Dong-gu government bond in the same city-gu, Singu, to the front of the 155-lane.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, reports on the statement of the situation of the driver who is placed in driving, reports on investigation (report on the situation of the driver who is placed in driving), reports on the results of regulating the driving of drinking, and application of Acts

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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