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(영문) 대구지방법원 김천지원 2016.12.01 2016고단1168
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a two-way passenger car.

On August 4, 2016, the Defendant driven the said car under the influence of alcohol of 0.153% with a blood alcohol concentration of 0.10% around 01:10 on August 4, 2016, and proceeded three-lanes in front of Denmark apartment distance in order to turn to the left.

At the time, there is a place where the signal is installed at night, and there is a two-way straight signal, so there was a duty of care to reduce the speed to the driver, to live well on the right and the right of the driver, and to drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front portion of the victim C(the age 57)’s DSS5 car, which was directly engaged in under the new code from the front side of the U.S.-Eup at the front of the JM5 car, by neglecting it and neglecting it to the right side of the driver’s right side, while driving it is difficult for the Defendant to drive it normally due to the influence of drinking.

Ultimately, the Defendant suffered injury to the victim C, such as brain salva, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to each traffic accident in C;

1. A report on a traffic accident, a survey report on the scene of the accident, an accident site photograph, an accident place, and a black stuff photograph (violation of signal);

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Article applicable to criminal facts;

A. Injury resulting from dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”)

(b) Drinking-driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in Article 30 of the Specific Crimes Aggravated Punishment Act) shall be added to concurrent crimes (the total sum of the long-term punishments of the above two crimes): Provided, That the punishment shall be added

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