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(영문) 대구지방법원 포항지원 2017.01.18 2016고단1445
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was under the influence of alcohol at a rate of 0.190% of alcohol level in the south-gu Maternal Zone B, Nam-gu, Nam-gu, Mapo-si, and proceeded at a speed of about 20 km per hour on the side of the Yanpo-si, the Defendant was under the influence of alcohol leveled by 0.190% in blood.

Since there are many places of communication, there was a duty of care to prevent accidents by driving a person engaged in driving service in a safe manner by keeping the right and the right well.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in proceeding at the same speed while neglecting this, and the victim E was placed in the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as a hot spring, which does not have any wound in two open places where the said car needs to be treated for about three weeks.

2. Defendant 1 driven the said vehicle at a section of approximately 250 meters from the west-do, the west-gu, the Chungcheongnam-gu, the Chungcheongnam-gu, the Chungcheongnam-do, the Chungcheongnam-do, and the Dokpo-do, the Dokpo-si, the Dokpo-si, which is located in the area of 202, to the above location, under the influence of alcohol level of 0.190% in blood at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding reports on drivers of drinking alcohol, reports on risk driving, and inquiries about the results of crackdown on drinking;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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