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(영문) 대구지방법원 2017.05.25 2017고단1468
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving of C-Scar car.

1. On February 17, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.129% in a section of about 100 meters from the beer line front of the beer line, which is in the middle-speed speed of the Sinsan City, to the front line of the “E” located in the Sinsan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) was committed by the Defendant driving a vehicle above the border of a day, such as paragraph 1, and changing the road front of the “department” located in D in Busan Metropolitan City along the two-lane from the direction of the direction of the border to the direction of the border.

At the time, the Defendant received the front part of the right side of the G K5 car driven by the victim F (F, South, 37 years old) who was a first-lane in the border of the city at the time, in the direction of drinking, such as a red and a string distance, where it is difficult to operate the brake system, due to the influence of drinking, such as a drinking distance.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injuries to the victim F, the damaged vehicle H (V, the age of 41), I (V, the age of 37), and J (Y, the age of 41), respectively, for two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiries about the results of crackdown on the driving of drinking, the practical survey report and photographs, and the application of each four Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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