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(영문) 대구지방법원 서부지원 2017.07.21 2017고단581
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. On January 31, 2017, the Defendant: (a) driven a DNA strawing car in the state of alcohol alcohol alcohol content of approximately 0.162% from the 2km section to the “C cafeteria” road located in Seogu Seo-gu, Daegu-gu, Seo-gu, Seoul-gu (hereinafter “C cafeteria”); and (b) on January 31, 2017, the Defendant was under the influence of alcohol by 0.162%.

2. On January 31, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said rocketing car with a alcohol concentration of 0.162% in blood around 22:14, while under the influence of alcohol, and led the road of five lanes in front of the “C cafeteria” located in Daegu-gu B, Daegu-gu, to proceed at a speed that makes it impossible to know one lane from the center distance toward the two four lanes in the direction of the city.

The Defendant continued to drive normally due to the influence of drinking, while the Defendant’s vehicle was stopped at the Defendant’s vehicle front section of the Fma E (W, 37 years of age) driven by the victim E (W, the 37 years of age) at the Defendant’s vehicle front section of the said rocketing car, which led to conflict between the front part of the said ME car and the center separation of the said road.

As a result, the Defendant suffered injury to the victim E, such as salt, tensions, etc. of the chills that need to be treated for about three weeks, and injury to the victim G (V, 13 years old), who is a passenger of the said Mart car, for about two weeks of treatment.

Accordingly, the defendant was injured by the victims by driving the above car in a situation where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

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

1. The circumstantial report of the driver employed at the main place;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Trade name;

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