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(영문) 대구지방법원 포항지원 2017.08.16 2017고단758
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with a alcohol concentration of 0.321% in blood on the south-gu B front of the south-gu Port at the port of Posi, and led the motor vehicle of the C to the Sejong apartment from the Corrost on the day of a year.

Since the frequent traffic of a vehicle was frequently on a road, the driver neglected his duty of care to prevent accidents by accurately manipulating the steering direction and brake system, and even if the Defendant neglected to do so and neglected to do so, and caused the above vehicle to go behind due to the influence of drinking, rather than “P”, by negligence, and caused the above vehicle to go behind, and the front part of the victim D driving vehicle stopped behind the above vehicle was shocked by the front part of the vehicle behind the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, which requires approximately two weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C Spo-type car under the influence of alcohol with 0.321% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Fact-finding reports, circumstantial reports (whether to drive any danger) and inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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