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(영문) 대구지방법원 김천지원 2018.04.25 2018고단31
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives B rocketing cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 30, 2017, the Defendant driven the above vehicle under the influence of alcohol 0.157% while under the influence of alcohol while under the influence of alcohol at around 00:45 on December 30, 2017, and led LG to drive the above vehicle under the influence of alcohol at the same time, and the front side of “LG” located in 174, a 2nd Doo-ro 2 Corporation in the old City-si 2 Corporation.

At night, in such a case, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and duty of care.

In such a situation, the Defendant neglected his duty of care as a driver in a situation where normal driving is difficult due to influence of drinking, and proceeded as is, and the Defendant was driving by the victim C(28 tax) who was waiting for the signal at the front side of the Defendant, following the left-hand part of the DNA car driven by the victim C(28 tax) who was waiting for the signal at the front side of the Defendant.

Ultimately, the Defendant suffered injury, such as acute fluoral finites, which requires approximately two weeks of treatment by occupational negligence as above, to the victim.

2. The Defendant, in violation of the Road Traffic Act, driven the said car under the influence of alcohol level of approximately 0.157% from the 3km section of the blood alcohol level to the road in front of the restaurant for “Korea-U.S. Fishery”, located in 6-gil 6-ro, Sin-si, Sin-si, Sin-si, Sin-si, Gao-ro, 174, from the front of the restaurant for “Korea-U.S. Fishery” to the road in front of “LG”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, photographs, and on-site photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

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

1. Article 30 of the Criminal Act applicable to the facts constituting an offense;

A. Injury resulting from dangerous driving: Specific crime aggravated punishment, etc.

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