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(영문) 대구지방법원 포항지원 2016.11.10 2016고단1073
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant, while under the influence of alcohol 00:58, driven a B-learning car with a blood alcohol level of 0.184%, had two-laned lanes of the three-laned roads in the north-gu C at the port of port in the north-gu at the port of the port. The Defendant driven a two-laned road of the three-laned roads in the north-gu at the speed of about 30km from the north-gu port to the starboard distance.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected this and found the FK5 car driven by the victim E(32 years of age) who was going to go again while going to a signal signal in the same direction as the Defendant’s car at the time when the Defendant was negligent in driving the car at the front of the Defendant’s car. The Defendant fell down with the part of the Defendant’s vehicle in front of the Defendant’s car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to such negligence as above due to the influence of alcohol on the part of the Defendant, and suffered from the victim G (V, 54 years old) who was on board the victim’s vehicle for about two weeks, such as a catum salt and a tension in need of a two-day medical treatment, and the victim H (V, 61 years old) for about two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Each written diagnosis;

1. Notice of the result of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crime against victims E with the largest penalty against the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

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