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(영문) 대구지방법원 포항지원 2018.01.31 2017고단1506
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

1. On November 19, 2017, the Defendant: (a) driven the B 3 car under the influence of alcohol level of 0.164% at the 0.164% on the road front of the Pain Hospital Pain Hospital Down-dong, while driving the 3 car under the influence of alcohol level of 0.164% at the 3 car in the direction of the 5th square square.

At this point, since the driver has a lot of traffic of vehicles, the driver has a duty of care to accurately operate the steering direction and brakes and prevent accidents in advance, but the defendant neglected to do so and neglected to do so, and caused the driver C(59 years old) driving on the same lane in the same direction as that of the vehicle of the defendant, which was stopped in the same direction due to the influence of drinking.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chills requiring two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the B-3 car under the influence of alcohol by 0.164% at the date and place specified in paragraph 1, and at the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial statement report of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and circumstantial report (whether any dangerous driving is permitted);

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 suspension of execution (including the fact that the degree of injury is relatively minor, the fact that automobile comprehensive insurance is subscribed to, and the first offender is considered).

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