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(영문) 대구지방법원 서부지원 2018.01.09 2017고단953
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

On January 21, 2009, the Defendant issued a summary order of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on June 22, 2012, the Defendant issued a summary order of three million won for the same crime at the same court.

Criminal facts

The defendant is a person driving B rocketing car driving.

On March 25, 2017, the Defendant driven the said vehicle under the influence of alcohol 0.357% while under the influence of alcohol while under the influence of alcohol at around 22:39 on March 25, 2017, and led the Defendant to drive the said vehicle in the direction of Daegu Seo-gu, Seo-gu, while driving the said vehicle in the direction of the large area.

In this case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said vehicle while driving it normally due to the influence of alcohol, and the part concerning the back part of the Defendant’s vehicle in front of the victim E (F, 51 years old) driving in front of the Defendant.

As a result, the Defendant, who was punished for driving under drinking two or more times, suffered from the injury of scopical scophers, etc., which requires approximately two weeks of medical treatment to the above E due to occupational negligence while driving under drinking again, and the Defendant suffered from the injury of the scopical scophers, etc., which require approximately two weeks of medical treatment to G (V, 65 years of age) who is the passenger of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Investigation report (inward investigation - on-site inspection, etc.);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

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

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