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(영문) 대구지방법원 안동지원 2018.12.21 2018고단608
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 the driving of a cargo vehicle B.

On September 27, 2018, the Defendant driven the foregoing cargo vehicle under the influence of 0.183% alcohol while driving at around 20:15, while permanent residence, while neglecting his/her duty of her former road under the influence of alcohol at a 0.183%, while neglecting his/her duty of her former road under the influence of alcohol at the seat of his/her seat and driving it at a e-car of a victim D (46 years old) which was driven by negligence due to a failure to operate the brake system properly, and was driven by the above Defendant’s driving cargo lane.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as dump dump dump, etc., which requires a two-day medical treatment, and suffered from the victim F, who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Making a statement on the circumstances of a driver driving a drinking, a copy of notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report on the actual condition, a next inquiry, and a medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, which led to the occurrence of a traffic accident while driving a motor vehicle while under the influence of alcohol is difficult.

The defendant has been punished twice for a fine due to drinking driving.

However, the defendant admits his mistake.

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