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(영문) 대구지방법원 김천지원 2017.10.25 2017고단1088
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving a car Bone Star (inception resulting from risk driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 10, 2017, the Defendant, while under the influence of alcohol content 0.179% during blood transfusions on July 22:30, 2017, had the horses rhym, walked with the shape of the horse, and the blood color is difficult to drive normally. However, the Defendant left a two-lane road near the west Tai-dong in the Gu-U.S., the Defendant left the right turn to the left at the intersection of the Nam-gu U.S., Nam-gu, and the right turn to the left.

Any person shall not drive a motor vehicle under the influence of alcohol, and when making a left-hand turn, he/she has a duty of care to safely operate the motor vehicle with due care not to intrude the center line according to the leading point marked on the road.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the center line, and by negligence, received the part front of the right part of the DNA boarding car driven by the victim C(44 ) who stops for the signal waiting at a one-lane adjacent to the direction of the proceeding as the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as the trend of light, the climatic salt, and the tension, which requires two-day medical treatment.

2. Defendant 1 was under the influence of alcohol concentration of 0.179% in blood at the time of the above day, and Defendant 2 driven the above car at a section of about 5 km from the Do in front of the mutual influence in the trade name in the Gu and the place of the above accident from the Do in the city of the Gu to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, on-site photographs, and a survey report on actual condition;

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

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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