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(영문) 대구지방법원 경주지원 2016.12.22 2016고단664
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. On July 23, 2016, at around 22:55, the Defendant was driving a B-to-pured vehicle with a blood alcohol concentration of about 7km from the front of the racing station located in Sungdong-dong-dong-dong-dong-si to the front road of the national road signal signal zone No. 356-3, the Dong-si-dong-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On July 23, 2016, the Defendant driven the said car under the influence of alcohol of 0.161% with blood alcohol concentration of 0.55%, and operated the said car along the two-lanes in front of the national highway signal signal line No. 7 of the Clust Apartment at the 356-3 of the East East East-si, those of the racing-si.

At the time, the signal was installed at night and at the same time, so in such a case, there was a duty of care to prevent accidents in advance by checking the surrounding traffic situation and driving safely by reducing the speed and properly examining the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded as it is, was negligent by the Defendant, and was driven by the victim C (the 62-year-old) who was standing in the signal atmosphere at the front direction of the course, in front of the Defendant’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as crypitis which requires treatment for about two weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Medical certificate (C), traffic accident occurrence report, actual condition survey report, notification of the results of the crackdown on drinking driving, and application of the law of the Council to the results of the crackdown on drinking driving;

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