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(영문) 대구지방법원 서부지원 2018.06.19 2017고단2956
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 9, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo-Support, and received a summary order of KRW 1 million for the same crime on August 22, 2011.

【Criminal facts】 The Defendant is a person engaging in driving a Cranchis vehicle.

On September 21, 2017, the Defendant operated the said franchise with a level of 0.199% alcohol concentration among blood transfusions, which is difficult to drive normally, and led to one-lane of the two-lanes around the E parking lot located in Daegu-gu, Seogu, by driving the said franchise at an insular speed from the jurisdiction of the District Department of the Western Fire Department.

At the time, the center line of the yellow-ray is installed at night and at a place where the center is separated from the center line of the yellow-ray, so there was a duty of care to ensure that a person engaged in driving service is able to thoroughly operate the front line and safely in compliance with the tea line.

Nevertheless, the Defendant neglected to do so and received the front part of the G Mystring Motor Vehicle that was driven by the Victim F (25 tax) that was driven by negligence going beyond the center line and the center line, as the front part of the Cystring Motor Vehicle.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol more than twice, drives a motor vehicle under the influence of alcohol again, and by negligence on the part of the Defendant, suffered injury, such as the impairment of the two wheels that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. On-site photographs and photographs of accident vehicles;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the driving of drinking alcohol)

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