(영문) 대구지방법원 영덕지원 2019.02.13 2018고단244

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2019.02.13 2018고단244

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B SP car.

On October 16, 2018, at around 20:10, the Defendant was under the influence of alcohol to the extent of 0.169% of blood alcohol level, and the face was red, rhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Since a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian, and to prevent accidents in advance by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant found the victim E (the age of 50) and the victim F (the age of 11) who passed the front of the direction of the Defendant due to negligence that did not neglect the front line, and caused the victim E to immediately operate the operation of the brake system. In order to avoid a collision with the said automobiles, the Defendant got the victim E to wn up the victim F in order to avoid a collision with the said automobiles.

After all, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victims to suffer a multi-lock in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle described in paragraph (1) while under the influence of alcohol at approximately 200 meters in the section of approximately 00 meters to the place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the occurrence of a traffic accident, report on the actual condition of the driving, report on the results of the drinking driving control, and report on the circumstantial statement of a drinking driver; and

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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