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(영문) 대구지방법원 경주지원 2017.07.12 2017고단195
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

[criminal history] On July 9, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Daegu District Court, and a summary order of KRW 3.5 million for the same crime from the Daegu District Court and the Daegu District Court on April 26, 2012.

[Criminal facts]

1. The Defendant is a person engaged in driving a vehicle BM7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 3, 2017, the Defendant, while under the influence of alcohol 00:45, 0.121% of alcohol concentration in blood, was driven by the Defendant, along the two-lanes from the direction of the central market distance to the four-lane distance in front of the center for the residents of the sexual health located in the north-ro 39 in the north-ro at the time of racing.

At the same time, the victim C(26) driver's d bargaining vehicles were stopping at the left-hand turn at the front of the same direction. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by properly manipulating the front side and the left and safely operating the brake and the steering gear.

Nevertheless, the defendant neglected to drive a car in a state where it is difficult to drive a car normally due to the influence of alcohol, such as a rain distance, and received the back portion of the vehicle of the victim as the front part of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking) driving a BM7 vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.121% from the 40-mn part of the nives around the nivem distance around the nivem-dong of Sim-si, Sim-si, Sim-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident;

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