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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1580
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2016, the Defendant, while under the influence of alcohol at 0.129%, driven a three-lane road near the south-gu coast at the port on the south-gu coast at the port on November 19, 2016, along the speed of about 50km from the west north-gu to the west-gu road at a speed of about 50km from the west-do along the west-gu coast.

Since there is a lot of traffic for people, there was a duty of care to prevent accidents by driving safely through a safe driving by looking at the right and the right of the driver.

In such a situation, the Defendant was under the influence of alcohol and was driven by the victim C (32 tax) who was driven in the same direction in front of a car driven by the Defendant at the same speed by negligence while neglecting this, and the Defendant was driven by the front part of the car driven by the Defendant.

After all, the Defendant driven a car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the victim E (the age of 29) who is the victim C and the same passenger for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven a car at a section of about 5 km from the south-gu office parking lot to the above place in the port of port where he was under the influence of alcohol of 0.129% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph and a survey report on the actual condition of a traffic accident;

1. A copy of each written diagnosis;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and circumstantial report (whether dangerous driving is permitted);

1. Application of Acts and subordinate statutes on the report of investigation;

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

1. Trade name;

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