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(영문) 대구지방법원 경주지원 2017.02.02 2016고단732
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. The Defendant is a person engaged in driving a motor vehicle with soflurged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 21, 2016, the Defendant: (a) under the influence of alcohol level of 0.126% during blood transfusions on September 21:45, 2016, the Defendant driven the said car in a state that it is difficult to drive under normal conditions, such as a little string and a little red, and driven the intersection of the said car on the side of the D main point in which it is difficult to drive.

At the time, night and there was a private street crossing, so pedestrians as well as the vehicle are also places where the communication of pedestrians is many. However, since a bicycle operated by the victim E (13 tax) passes through the intersection from the gale comprehensive playground to the Busan Elementary School, in such a case, there was a duty of care to safely drive the vehicle to prevent accidents by driving the vehicle by safely operating it by operating it, such as how to see the front door well and accurately operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to cross-section as it is and followed the front side of the said bicycle with the front side of the said bicycle.

As a result, the defendant suffered knee-free standings that need to be treated for about two weeks.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said A-hurged car in the state of alcohol leveling 0.126% in the section of about 30 meters from the front line of an insular road near the place mentioned in the preceding paragraph to the place described in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A traffic accident;

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