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(영문) 대구지방법원 김천지원 2017.11.28 2017고단1366
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four 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. Around September 21, 2017, the Defendant was driving a DM5 car under the influence of alcohol content of about 800 meters from the hump front of the hump where it is impossible to identify the trade name in the Gu-U.S. In order to ensure that the Defendant is under the influence of alcohol content of about 0.195% from the 800m section to the hump road in the Gu-U.S. City.

2. The Defendant is a person who is engaged in driving a motor vehicle DM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 21, 2017, the Defendant driven the said SM5 car on September 21, 2017, and led the Defendant to drive the said SM5 car prior to the “C” drinking house in the Gumi-si B from the Jin-dong “Operational Prohibition.”

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected to do so, and it is unclear that the alcohol concentration is under the influence of 0.195% and that the walking is under the influence of alcohol, and the Defendant was under the influence of the victim E (18 tax) who was driving in the front of the vehicle due to the negligence that the victim E (18 tax) was driving in the front of the vehicle when it is impossible to drive normally.

After all, the Defendant suffered injury, such as finites and tensions, in each of the above occupational negligence, to the victim G (18 Do) and the victim H (18 Do) who was the same passenger on the same vehicle, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. To inquire about the occurrence of a traffic accident, a report on the actual condition of the driver concerned, a report on the circumstantial statement of the driver concerned, and the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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