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(영문) 대구지방법원 2017.10.26 2017고단3646
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 engaging in driving a motor vehicle B free on the ground that it violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 14, 2017, the Defendant driven the said car while under the influence of alcohol 0.131% from blood alcohol level around 22:00, while driving it, and driving it through two lanes from the direction of solar cooperation to the direction of solar cooperation.

At night and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear for those who are engaged in driving of a motor vehicle, and thus, there was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, failed to perform his duty at the front time while it is difficult for the Defendant to drive a motor vehicle in a state of normal operation as seen above, and the victim D (50) driven the bicycle behind the driving of the motor vehicle in the front direction of the driving direction, conflict with the front part of the left-hand part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, i.e., in light of the fact that the victim suffered from an injury to the victim, i.e., in light of the fact that there is no room to treat the victim for about eight weeks

2. The Defendant violated the Road Traffic Act (drinking) driving a BF car under the influence of alcohol leveling 0.131% in alcohol level while under the influence of alcohol leveling 0.131% from the cafeteria parking lot located in the Sinsan-si, Jin-si, Jin-si at the time of the day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of the fact that the survey is conducted on the actual condition, on-site photographs, the statement of the situation of the driver in charge of driving, the investigation report (the circumstances of the driver in charge of driving

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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