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(영문) 대구지방법원 포항지원 2018.05.03 2018고단181
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. On February 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BK-5 cars on the side of the teachers’ distance, driving the BK-5 car and driving it along one lane from the direction of using it, while under the influence of alcohol leveling 0.180% of alcohol level in front of the Newcheon-gu, Yancheon-gu, Chungcheongnam-gu, Seoul, Seoul, Seoul, at the port of port, at around 06:00, and driving it along one lane.

Since the frequent traffic of a vehicle was frequently on a road, the driver has a duty of care to reduce the speed and accurately manipulate the steering direction and brakes to prevent accidents, but the defendant is negligent in driving so as to prevent the accident, and the defendant is negligent in driving the vehicle at a speed exceeding 60 km per hour and 125 km per hour at a speed exceeding 60 km, and due to the negligence of driving the vehicle at a speed exceeding 60 km per hour at a speed of 125 km, the driver found the vehicle from the victim C (44 years old) who changed the vehicle from the two-lane to the one lane, and caused the following part of the damaged vehicle by the front part of the Defendant vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as light fluoral salt, which requires a two-day medical treatment, and the victim E (V, 40 years old) who was on board the damaged vehicle, due to the injury of the left-hand fluoral in need of a two-day medical treatment.

2. Defendant 1 driven B K5 cars under the influence of alcohol level of 0.180% in blood at the date and place specified in the above paragraph 1, and at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report on the actual condition of a traffic accident, traffic accident analysis appraisal report, notification of the results of crackdown on drinking driving, and statement of the circumstances of the driver who takes driving;

1. Application of Acts and subordinate statutes to an accident scene photograph and a medical certificate;

1. The driving of a motor vehicle causing bodily harm to the driving of a motor vehicle under relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: 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;

1. The Commercial Concurrent Crimes Act.

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