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(영문) 대구지방법원 김천지원 2018.03.06 2017고단1935
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 2, 2017, the Defendant driven the above car at around 00:34, while driving it, led to the flow of the finite 119 Safety Center at the Cinsan-ri Do-dong, Sinsi-si, Sinsi-si, the 0.158% alcohol concentration in blood.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to check the surrounding traffic conditions by lowering the speed before entering the intersection, and to accurately operate the steering and brakes accurately, the defendant was faced with the following parts of the victim C (44 years) who was in the atmosphere of the signal at the front of the road while normal driving is difficult due to the influence of drinking, and the defendant was in the front of the signal at the victim C (44 years) who was in the front of the road.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc., in need of approximately two weeks of treatment, and suffered injury on the victim E (57 tax) who boarded the damaged vehicle, including the right gate, for about two weeks of treatment.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven B K3 cars while under the influence of alcohol content of about 0.158% in the section of about 7km from the 7km to the snive distance at the Dobong-ri 119 Safety Center, on the Gu, Si, Si, Si, Si, Si, si, Si, Si, si, Si, Si, Do. In the same case, the Defendant driven B K3 cars under the influence of alcohol concentration of about 0.158%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. Response to a request for appraisal;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act

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