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(영문) 대구지방법원 서부지원 2017.09.27 2016고단1386
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On June 19, 2016, the Defendant driven the said car under the influence of alcohol level of 0.183% among blood transfusions on 18:30%, and continued to drive the said car under the influence of alcohol level of 0.183% on the side of the water base of the Ggu Seo-gu, Seogu.

Since there is a signal, there was a duty of care to drive a motor vehicle safely in accordance with good faith.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and was negligent in doing so and the Defendant was on the duty to turn to the left at the seat of this elementary school at the room of the police box of the Maternal Party (A, 29 years old).

Dsch Rexton's left-hand part of the car was received as the front part of the car.

Ultimately, the Defendant, as seen above, driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the Defendant E (the 52 years old) who was on board the said car, such as catum catum, which requires a two-day medical treatment for the said car, and suffered injury to the Defendant E (the 52 years old), such as the catum catum, tension, etc. requiring a two-day medical treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. The report on the occurrence of the traffic accident, and the report on actual condition; and

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 suspended execution;

1. The defendant committed each of the crimes of this case on the grounds of sentencing Article 62-2 of the Criminal Act.

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