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(영문) 대구지방법원 김천지원 2018.02.01 2017고단1465
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 violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B SP car with alcohol concentration of 0.211% on June 26, 2017, while under the influence of alcohol around 21:40, the Defendant driven B SP car with alcohol concentration of 0.21% on blood, and proceeded ahead of the 35 U.S. Sinsi-si, Dong-si, U.S., as the front of the private street from the old-dong room.

At the same time, there is an intersection and the preceding vehicle has been stopped in accordance with the signals of the intersection, so there was a duty of care for those engaged in driving service to thoroughly see the front hour, and to operate the steering and steering system in a safe way while accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol while normal driving is difficult due to the influence of the Defendant’s vehicle, thereby resulting in the Defendant’s driving of the victim C(30 tax) waiting to the front part of the Defendant’s vehicle and resulting in the back spread of the XG car.

As a result, the Defendant suffered from the Defendant’s negligence in the above business, such as a plekele gate that requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a sprink in the direction of approximately 500 meters from the machine cafeteria, which is located in the Gwanak-gu, Sin-si, Sin-si, Sin-si, Sin-si, to the above accident site, while under the influence of alcohol with about 0.211% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A report on internal investigation and a survey report on actual conditions;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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