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(영문) 대구지방법원 김천지원 2017.11.28 2017고단1323
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 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 Clearning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 27, 2017, the Defendant driven the said car under the influence of alcohol content of 0.161% in blood at around 17:40 on August 27, 2017, and continued to proceed to the intersection in front of the square No. 1, M. 1, M. 1380 on the Gu-U.S.-U.S. line, as the Gu-U.S. line was located in the area of Gosi-Eup.

At this point, traffic control by signal apparatus is an intersection where traffic is controlled, and since the center line of yellow solid lines and the center space is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to operate safely by thoroughly and maintaining signal and signal.

Nevertheless, the Defendant, under the influence of alcohol, was negligent in performing his duty at all times while driving in a state where normal driving is difficult due to the influence of alcohol and went away from the vehicle, and was driven by the victim D (I, 57 years old) who was faced with the central line due to the occupational negligence, and left left to the high-Eup of the city in the Gu, Sinsi from the place of residence at the time of the May, 199, in front of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence as above, such as satise satis, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a C-learning car under the influence of alcohol content 0.161% from the front of Denmark apartment road located in Gosi-Eup, Gosi-si, Gosi-si, Sinsi, to the front of the square of No. 1380, Gosi-si, Gosi-si, the Defendant driven a C-learning car under the influence of alcohol content 0.161%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver taking driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. Investigation report (limited to attachment of scambling images);

1. A medical certificate;

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