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(영문) 대구지방법원 경주지원 2016.12.21 2016고단566
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:25 on June 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a B high-speed motor vehicle in the valley of Yancheon-si, Yancheon-si, and driving it along one lane from the Yancheon-si apartment to the erode from the erode apartment. In short, the Defendant neglected the duty of eroging in the situation where normal driving is difficult, such as in-depth, inaccurate, and walking, under the influence of alcohol concentration of 0.197%, and neglected the duty of eroging in the state where normal driving is difficult, and caused the injury, such as salt and tension, etc., to the injured party E who boarded the said Y III cargo, by taking the front part of the driver’s seat of the said eroging motor vehicle in the opposite direction as the front part of the eroging motor vehicle.

2. The Defendant violated the Road Traffic Act (driving) driving the above low-speed vehicle while under the influence of alcohol with a blood alcohol concentration of 0.197% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on actual condition (1 and 2), a report on the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case under Article 62(1) of the Act on the Suspension of Execution is a case in which the defendant committed an accident with the center line in the state of his taking place. However, the nature of the crime is less than that of the defendant. However, considering the fact that the defendant is against the defendant, the comprehensive insurance is covered, the defendant has agreed smoothly with the victim, and the defendant has no record of driving under the influence of alcohol.

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