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(영문) 대구지방법원 2019.01.17 2018고단5491
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

The defendant is also a person who is engaged in driving a car.

On August 4, 2018, at around 17:50, the Defendant, while drunk with a blood alcohol concentration of 0.179%, was drunkly drunk, and the Defendant was unable to drive normally due to the failure to walk immediately, etc., while driving the said car, and driving the car at the front of the Gu C Apartment during the safe distance of the new engineer, with a view to a view to the shooting distance of the free park.

Since signal lights are installed on the front side of that place, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and checking well the right and the right of the front side.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at the front time of alcohol and thereby was driven by the victim D(33 years of age) who is in the atmosphere of the signal at the front time by negligence, and was driven by the victim D(33 years of age).

As above, the Defendant driven a car in the above coke even when it is difficult to drive the car normally due to influence of drinking, and caused the victim D to suffer injury such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, and caused the victim F (F, 60 years of age) who was on board the said new XD car to suffer injury such as salt, tension, etc. of chills in need of medical treatment for about two weeks, and the victim G (V, 1 years of age) suffered injury due to the number of days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a victim's telephone);

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 201); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of a driving

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