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(영문) 대구지방법원 경주지원 2017.02.16 2016고단670
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle BM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 2, 2016, the Defendant driven the said car in the state of difficulty in driving under normal conditions, such as under the influence of alcohol concentration of 0.113% during blood transfusions on August 2, 2016, where 0.113%, where the state of walking flows, where the state of walking is very big, and snow shocks, and led from the D main path in the racing C from the right side to the Eastcheon market.

At night, at the time, the front of the vehicle for the passenger of the above SM3, there was a duty of care to safely drive the vehicle and prevent the accident by driving the vehicle by driving it safely, such as taking the rear traffic situation into consideration, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to the right side of the said SM3 car, and caused the Defendant’s injury to the flaps and tensions of the boomed bones, which requires approximately two weeks of treatment, by shocking the top left side of the said low sM3 car.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

2. The Defendant, at the time and place specified in the preceding paragraph, driven the said SM3 car under the influence of alcohol concentration of 0.113%, at a distance of about one meter as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on the actual condition (1 and 2), report on the results of regulating drinking driving, report on the situation of a driver who takes driving, medical certificate, ledger of driver's license of a motor vehicle, application of Acts and subordinate statutes governing vehicle photographs;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.

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