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(영문) 대구지방법원 포항지원 2017.08.17 2017고단721
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 April 29, 2017, the Defendant: (a) driven a C Lastren motor vehicle under the influence of alcohol of about 0.187% of alcohol content from the road front of the Yong-Nam Natural Manion in the south-gu East Sea at the port of port on April 29, 2017 to the road front of the same Gu, with approximately 500 meters wide to the same Gu B.

2. The Defendant is a person who is engaged in driving a car with C Lastren in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 29, 2017, at around 06:40, the Defendant driven the said car while under the influence of alcohol and continued to drive the road of one lane in front of the Southern-gu Office at the port of port at the port of port from the east-gu to the port of port at the port of port.

Since there has been a center line prior to yellow dust, there was a duty of care for those engaged in driving service to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, the Defendant, as seen above, was negligent in driving while driving a motor vehicle due to the influence of alcohol, and due to the negligence of the central line, and the part of the victim D (the 51-year-old driver) driving the motor vehicle in front of the motor vehicle of the victim D(the 51-year-old driver) who driven the motor vehicle in front of the motor vehicle of the said string-to-motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as scarke, which requires approximately four weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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. Suspension of execution;

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