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(영문) 대구지방법원 경주지원 2018.07.25 2018고단366
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 a period of 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 rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 1, 2018, the Defendant driven the said car with a alcohol content of 0.104% 0.104% while under the influence of normal driving due to blood alcohol around 19:30 on April 1, 2018, while driving the said car, and driving the two-lane road in front of the Si/Eup/Myeon community center at the time of racing along one lane.

At the time, there is a night and a place where the center line of the yellow domin line is installed, so there was a duty of care to prevent accidents by thoroughly driving the front line and safely driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was in difficult to drive the said vehicle normally, such as a red string, without walking, while driving the said vehicle, and was faced with the front part of the Defendant’s driving of the victim D(W, 60 years old), who was driving from the center line to the Yongsan Village located on the opposite side of the city and Eup, while driving the said vehicle at the center line due to the negligence.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as the closure of the bones of uniforms, which requires approximately six weeks of medical treatment.

2. Around April 19:30 on April 1, 2018, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.104% from the front of the company house in which the Defendant, on the racing-si F, resides, to the front of the village hall of the Eup/Myeon, located in approximately 10 meters away from the front of the company house in which the Defendant was living, to the front of the village hall of the Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the scene of the accident;

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