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(영문) 대구지방법원 포항지원 2018.01.18 2017고단1292
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On September 19, 2017, the Defendant: (a) driven a motor vehicle with alcohol alcohol level of approximately 0.260% in the section of approximately 4km from the road in front of the “Weariri,” which is located in the south-gu 80, the south-gu, Seoul at the port of port on September 19, 2017, to the road in front of the South-west Public Health Center located in the same 79, the Defendant driven a two-hand motor vehicle with alcohol level of about 0.260% in blood.

2. The Defendant is a person who is engaged in driving a motor vehicle with low investment risk in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act.

On September 19, 2017, the Defendant, like No. 21:46 on September 21, 2017, while under the influence of alcohol, the face color is red and inaccurate, and the walking condition is clear, the Defendant driven the said car while driving it, and driven the road of four-lanes in front of the Southern-gu Public Health Center, which is located in 79, South-gu Indunesro-ro at the port at the port, along two-lanes from the intersection of the shape.

In such a case, there was a duty of care to reduce the speed to a person engaged in driving service and to prevent the accident by taking well into account the other vehicles' attitudes that are in progress in the signal, signal, etc. and the forward bank, and to prevent the accident from occurring.

Nevertheless, the Defendant, as seen above, was negligent in driving under the influence of alcohol while he was unable to drive normally and due to negligence in the same direction as it is, and was parked in the same direction as it was, the part of the Defendant’s front-hand vehicle, following the D Launa car driven by the victim C (40 years old) who was parked in accordance with the suspension signals in the same direction.

As a result, the Defendant suffered injury to the victim, such as chlostal salt and tension, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and at the same time, damaged KRW 7,092,064 to the extent that the repair cost of the above rocketing car was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver in charge;

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