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(영문) 대구지방법원 2017.11.23 2017고단5360
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a swel, swel, el, or high-priced swel, B.

1. On September 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above leg while drunk around 09:20 on September 3, 2017, and proceeded from the east to the east of the east of the Daegu Metropolitan City with the speed of about 50km along that of the west.

Since there is a place where the center line of yellow solid lines is installed, a driver engaged in driving service has a duty of care to safely drive the car without driving under the influence of alcohol.

Nevertheless, the Defendant neglected to do so and found the victim C(83) driving on the opposite lane due to the negligence of fluoring the central line, and failed to avoid it. As such, the Defendant received the left part of the above fluora on the left part of the Defendant’s bridge, on the left side of the fluor.

As a result, the Defendant suffered injury, such as salt ties, tensions, etc., which require two weeks of medical treatment by occupational negligence, in a state where normal driving is difficult due to the influence of drinking, such as that the Defendant is able to drive a motor vehicle, and the walking is string and smelled.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol 0.227% from the 5km section of the blood alcohol content from the 4km road in the north-gu, Daegu-gu, Seoul Metropolitan City to the west-dong in the same Dong-gu. The Defendant driven the above leg while under the influence of alcohol 0.27% from the 5km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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