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(영문) 대구지방법원 서부지원 2018.06.29 2017고단2366
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 (Death and Injury caused before the risk) by the Defendant is a person engaged in driving a motor vehicle with the highest bid.

On August 1, 2017, when the Defendant was unable to drive normally due to the influence of alcohol alcohol 0.242% in light of around 01:40, the Defendant got to drive normally due to the influence of drinking while under the influence of alcohol, and continued to drive the road front of the Posco apartment, located in 67 as in the Seocheon-gu, Seocheon-gu, Seocheon-gu.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system without drinking.

Nevertheless, the defendant was parked on the road with the front part of the above-mentioned vehicle due to negligence while driving under the influence of alcohol while making it difficult for him to drive normally.

D) A victim E (22) who took a strong back part of the bus and was accompanied by an injury, such as a closed flasing a bus which requires approximately 14 weeks of treatment, was injured by the victim E (22 years).

2. On August 1, 2017, the Defendant driven a car with the highest alcohol level of about 5km from the front side of the 1095 Seogu Seogm University to the front side of the ston apartment site located in 67 in Daegu Seo-gu, Seogu, Seogu, Daegu, with a view to around 01:40 on August 1, 2017, while under the influence of alcohol level of about 0.242%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of serious injury);

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning the crime.

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