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(영문) 대구지방법원 2018.01.18 2017고단6149
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. On October 28, 2017, the Defendant: (a) driven a Grand Car under the influence of alcohol content of about 0.142% from the 5km section to the Cheongcheon Road located in the south of the same Eup on the roads of the Daegu Kaol University located in the Gyeongyang-si, Chungcheongnam-si, Busan; (b) around October 28, 2017, under the influence of alcohol content of around 0.142%.

2. The Defendant is a person engaging in driving a vehicle in Grandland in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant, while under the influence of alcohol content of 0.142% in blood, Cheongcheon Elementary School, which is located in the 193 course of Cheongcheon-si, Gyeongcheon-si, Busan, the date and time limit set forth in paragraph 1, was straighted from the lower bank to the Daegu bank at the lower bank.

In this case, the driver has a duty of care to maintain the necessary distance to avoid the collision with the vehicle in front, to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to operate the person engaged in driving.

Nevertheless, the Defendant neglected this and failed to maintain the safety distance while under the influence of alcohol, and failed to properly operate the operation of the operation system of the Defendant’s vehicle, and led the part of the back part of the victim C(W3) driving 46 years old) in the front section of the Defendant’s vehicle to the front part of the Defendant’s vehicle.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as a cage cage, etc., which requires approximately 2 weeks of medical treatment to the victim E (39 years of age) who is the same passenger of the damaged vehicle, for about 6 weeks of medical treatment to the victim E (39 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

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 each written diagnosis;

1. Relevant provisions of the Act concerning facts constituting an offense;

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