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(영문) 대구지방법원 김천지원 2018.01.09 2017고단1625
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.173% among blood transfusions on October 26, 2017, and led D kindergarten front of the Gumi-si C to proceed from the bank oil station located in the Gumi-si on the street.

In such cases, there was a duty of care to prevent accidents in advance by operating a driver of a motor vehicle safely by accurately operating the steering and brakes.

Nevertheless, as the Defendant neglected to perform his duty at the front time in a state where normal driving is difficult due to influence of drinking, the Defendant was negligent in the course of duty, and the Defendant was faced with the FK7 vehicle behind the FK7 vehicle driven in front of the Defendant’s running direction, and received the part of the Defendant’s driving part in front of the said Aburged vehicle.

Defendant 1 suffered, respectively, injury to the victim E and the victim G (18 years old) who is a passenger of the said K7 car due to the above occupational negligence, such as brain salva which has no head open within the head requiring approximately two weeks medical treatment.

2. On the day specified in paragraph 1, the Defendant driven the said vehicle under the influence of alcohol content of about 0.173% from the 1km section from the front side of the original golf practice center located in the 17-ro of Gosi-Gu, Young-si, Young-si to the front side of the D kindergarten located in the Gumi-si, Gumi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, investigation report on actual condition, statement on the circumstances of the driver of the driver's license, and inquiry into the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 and Article 148-2 of the Road Traffic Act.

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