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(영문) 대구지방법원 2018.01.25 2017고단5747
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) was under the influence of 18:223% of alcohol content in blood at each 16:37, the Defendant driving a 18-lane 34,000-ro, Daegu Northern-gu, Daegu, Daegu, at a 0.223% alcohol content in blood, and each cheon Agricultural and Fishery Products 1 and 2-ro, in the direction of the original farmer, was under the influence of alcohol at a 0.23% speed.

In such cases, the driver has a duty of care to safely turn left the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, was unable to keep the front door well and failed to properly operate the operation system, the Defendant received the front part of the said vehicle after the EK7, which was driven by D while stopping for the payment of parking fees at the front section of the Defendant’s car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the Victim F (F, 62 years of age) who is the same passenger of the said K7 vehicle, such as salt dump, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant driving a cargo vehicle described in paragraph (1) while under the influence of alcohol content of 0.223% in blood until every market 1,000 agricultural and fishery products located on the same way in the central Cheong-gu, Daegu-gu 18-ro, Daegu-ro, 18-ro, both of which are located in the market and in the front parking lot in each city, also driving the cargo vehicle in paragraph (1) while under the influence of alcohol content of 0.223% in each market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of drinking driving, such as a survey report on actual conditions, on-site photographs of accidents, a statement on the circumstances of drivers of drinking;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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