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(영문) 대구지방법원 경주지원 2017.08.30 2017고단319
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2009, the Defendant was issued a summary order of KRW 200,000,000 as a crime of violating the Road Traffic Act in the Daegu District Court and its racing support, and on October 31, 2012, the Defendant was sentenced to a fine of KRW 4.5 million as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and of violating the Road Traffic Act in the Daegu District Court and its racing support.

Although the Defendant had been subject to punishment twice or more due to driving under drinking, around May 9, 2017, the Defendant driven B-E e-e e e e e e f e e e e e f e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e

2. The Defendant is a person who is engaged in driving a vehicle B-E in driving a vehicle that is in breach of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 9, 2017, the Defendant: (a) driven the said cargo while driving the said cargo in a state where normal driving is difficult, such as 0.127% of alcohol level at the intersection in front of the Ministry of Agriculture, Forestry and Fisheries, 260-2:45 on May 12:5, 2017; (b) while driving the said cargo in a state where it is difficult to drive the vehicle under the influence of 0.127% of alcohol level in front of the agricultural branch in the blood, and driving the said cargo at a protruding distance range from the negative distance from the view gate, the Defendant shocked the part of the victim C (e.g., 44 years old) who stopped to turn to the left at the mast.

Ultimately, the Defendant driven the above cargo vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, resulting in the Defendant’s injury to the left-hand shoulder, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a field photograph, CCTV video recording data, a photograph, a statement report on the situation of a driver in charge, and a notification of the results of the crackdown on drinking driving;

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