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(영문) 대구지방법원 서부지원 2019.01.16 2018고단1469
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a e-cub vehicle B.

On April 8, 2018, at around 06:10, the Defendant driven the said car at a speed of 0.142% with alcohol concentration in blood, making it difficult to drive the car normally, and the Defendant driven the said car at a speed of about 60 km per hour from the sponal distance to the two-sponal four-lane distance on the front side of the Daegu-gu month, Seogu, with driving at a speed of 0km.

At this point, the bus was parked on the right side of the driving direction of the above Ecuas car, and in such a case, there was a duty of care to safely operate the ecuas car by accurately manipulating the front section and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant was unable to avoid a D bus parked on the right side of the front side by negligence that did not make a left-hand turn due to the reason that he was under the influence of alcohol, and received the left side part of the said bus with the front part of the above Ecuas car at the right side.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the same time, the Defendant suffered from the above occupational negligence, and at the same time, from the victim E (37 years of age), the victim E (F) who was a fluor who was on a cuas car, about 12 weeks old, the right-hand frame that requires medical treatment for about 4 weeks, and from the victim G (38 years of age) the frame of the fluoral combined part that requires medical treatment for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the situation of a drinking driver, report on the status of a drinking driver, and notification of the results of the drinking control;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44 of the Road Traffic Act concerning criminal facts.

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