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(영문) 대구지방법원 2017.08.17 2017고단3314
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

Defendant

A is also a person who is engaged in driving of the driver of the driver's vehicle with the words "B".

1. Around 00:00 on May 26, 2017, the Defendant driven a 500-meter towing vehicle while under the influence of alcohol concentration of 0.206% during blood while under the influence of alcohol leveling 0.206% at the front of the oil station located in C, 37 jun-si, Jin-si, Jin-si, Jin-si, Busan, at around 37 jun-si, in the front of the oil station in C.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving a D gas station in front of the D gas station in Busan Metropolitan City at the time indicated in the above paragraph (a), with alcohol concentration of 0.206% in blood, while normal driving is difficult due to the influence of alcohol level 0.206% in blood, and the Defendant was driving the said coke towing vehicle in front of the D gas station at the seat of the Jan-Eup office.

There are four-lane roads, and vehicle signal, etc., and drivers of motor vehicles have the duty of care to prevent driving in such a manner as to cause danger and harm to others according to road traffic conditions and the structure and performance of motor vehicles by accurately operating steering devices, brakes, and other devices.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and was in the front of the towing vehicle of the victim E (the 45-year-old driver) who stops in the atmosphere of signal at the front of the running direction.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump dump for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the public defendant E;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. An accident scene photograph;

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

1. Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning criminal facts

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