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(영문) 대구지방법원 경주지원 2016.11.10 2016고단497
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Party’s car.

1. On June 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle while under the influence of alcohol content of 0.119% and making it difficult to drive the said vehicle normally so far as he/she is under the influence of alcohol concentration of 0.119%, and driven the two-lane of the two-lane road in front of his/her head of the forest in the Yellow-gu, Yellow Sea.

At the time, since the vehicle was at night and at the front, there was a duty of care to confirm the traffic situation well and drive safely.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the backer of the D low-speed car driving by the victim C (W, 45 years old) who is in the atmosphere of the front bank by negligence, while neglecting this, to the front part of the above vehicle of the Defendant.

After all, the Defendant suffered by these occupational negligence the injury of the victim E, the victim E, the victim F (n, the 8 years old), and the victim G (n, the 6 years old), respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol by 0.119% at a four-meter radius from the time and time set forth in the preceding paragraph to the front of the head of the Gudong-dong forest from the Seongdong-dong Hyundai Hospital in the front of the head of the Gudong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of Part IV, such as a survey report on the actual condition, on-site photographs, a report on the circumstantial statement of a drinking driver, notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, and

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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