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(영문) 대구지방법원 김천지원 2016.11.24 2016고단1333
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a driver of a three-dimensional vehicle.

At around 1:00 on September 7, 2015, the Defendant operated the said car under the influence of alcohol concentration of 0.192% in front of the E cafeteria located in the Gu-U.S. Si, Gu-U.S., and continued from the surface of the Gu-U.S. Hospital to the site of the terminal.

In this case, the driver of a motor vehicle has a duty of care to maintain a clear mind and properly see the front door and left door, and to accurately manipulate the steering gear, etc. and to safely drive the motor vehicle.

Nevertheless, in order to pass along with the victim F (24 years old) driving G 125 ccatoba in the opposite direction due to the negligence of driving a motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to influence of drinking, the Defendant taken the back part of the vehicle left behind of the vehicle left behind of the vehicle left behind while driving on the right side while driving the motor vehicle at the right side, and the said motor vehicle left behind of the motor vehicle into the left side of the motor vehicle, and the said motor vehicle was parked on the left side of the motor vehicle by driving the motor vehicle at the right side of the motor vehicle.

The Defendant suffered, due to the above occupational negligence, the pelle, closed, the part at the bottom of the large-scale sloping in detail, which requires approximately 18 weeks of medical treatment, from the driver F, the Defendant suffered from the pelle of the lower part of the large-scale sloping frame, closure, closure, and the pelle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of persons involved in each traffic accident in J, K and L;

1. The actual condition survey report and photographs;

1. Inquiries into the circumstantial report of a drinking driver and the results of crackdown on drinking driving;

1. Acts and subordinate statutes governing investigation reports (Attachment of a medical certificate for a victim), and submission of data;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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