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(영문) 대구지방법원 2017.11.23 2017고단5358
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 of CPoter II freight vehicles.

On August 4, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.149% during blood transfusions on August 4, 2017, and continued the front road of Yongcheon-si D from the Seocheon-si, Seocheon-si, Seocheon-si, into the west-do bank.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and has the duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and went away from the road to the left-hand side of the driving direction due to the negligence of driving while under the influence of drinking, while he is unable to drive normally due to the bad condition of red and walking.

As a result, the Defendant suffered injury to the victim E (65) who was accompanied by the above cargo, such as damage of scambling water which requires approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The reason for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] the basic area (4 months to 1 year), [the person who is specially mitigated] the punishment not (including efforts to recover damage] / In the case of driving alcohol, etc. [the sentence] - The defendant is driving by drinking alcohol with alcohol content of 0.149% while blood.

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