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(영문) 대구지방법원 서부지원 2019.05.14 2019고단701
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 shall be engaged in driving duties of the car B.

1. On January 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving the said car while under the influence of alcohol of 0.107% on blood alcohol level on January 24, 2019, and neglecting the duty of front and front of the elderly region located in the 1299 to D Hospital by driving the said car, and neglecting the traffic distance intersection from C to D hospital due to occupational negligence, while driving the said car at the cost of the elderly Go-gun, Young-gu, Gyeong-gun, Young-gu, Seoul Special Metropolitan City, the lower court was in front of the Defendant’s driving vehicle, and was in front of the Defendant’s driving vehicle.

The Defendant, while driving a car in a state where normal driving is difficult under the influence of alcohol as above, suffered from the injury to the victim E by occupational negligence, such as a shoulder straw, which requires approximately two weeks of treatment, and the victim G, who is the passenger of the victimized vehicle, for about two weeks of treatment.

2. On January 24, 2019, at around 02:35, the Defendant driven the said B-car on the following grounds: (a) around 02:40 of the day from the roads before the I Hopon located in H of the North Korean Disabled Military; (b) around 02:40 of the same day to the front road of the Ganjon in front of the Ganjon Island, the 3km section of approximately 0.107% of blood alcohol content; and (c) the Defendant was under the influence of alcohol by driving the said B-car.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the register of driver's licenses, such as a survey report on actual conditions, field photographs, a report on the circumstantial statement of a drinking driver, a report on the results of the control of drinking driving, a diagnosis certificate, a certificate of impossibility to repair, an inspection

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) concerning the crime, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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