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(영문) 대구지방법원 포항지원 2019.05.30 2019고단186
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for 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 B-learning car.

1. On December 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said vehicle under the influence of alcohol concentration of 0.101%, and driven the two-lane in front of the D cafeteria located in the south-gu C at the port of port along the two-lane distance from the same e-lane distance.

In this case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, there was a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate it.

Nevertheless, in order to park at the time when the Defendant was negligent in neglecting this, the Defendant neglected to drive in a state where it is difficult to drive in a normal condition while under the influence of alcohol to the extent that the walk is smooth, and was negligent in not operating the brakes properly, and received four back-lines of the victim F(38 years old) driving Glearning car in front of the Defendant vehicle in order to park at the time.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium, tension, etc., which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle while under the influence of alcohol of about 1km from the section of approximately 0.101% of alcohol concentration to the front road of the D cafeteria located in the south-gu H market at the time of the temporary border as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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

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

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