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(영문) 대구지방법원 포항지원 2016.11.24 2016고단1243
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2016, at around 02:00, the Defendant driven a B rocketing car with the blood alcohol concentration of 0.197%, which is difficult to drive normally due to the difficulty of normal operation, and driven a two-lane road in front of the one-lane 77 in the south-gu, the south-gu, Heungpo-gu, Seoul, toward the bus terminal side from the port navigation rinkS to the speed of about 20km.

At the time, since the center line of yellow-ray was installed, there was a duty of care to drive safely in full time and to maintain the tea.

Nevertheless, the Defendant, while neglecting this in the influence of alcohol as above, was driven by the Defendant’s negligence over the center line, which is a yellow solid line, and was driven by the victim C(20 years of age) who was in the atmosphere of the signal signal at the opposite direction of the vehicle running in the direction of the Defendant’s vehicle, and was driven by the Defendant’s vehicle driving in front of the left-hand part of the car driven by the Defendant.

Ultimately, the Defendant, as seen above, driven a B rocketing car under the influence of alcohol that is difficult to drive in a normal condition, suffered from the victim E (20 years of age) and the victim F (21 years of age) who was on board the car driven by C, C, and the victim F (21 years of age) for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs and on-site survey reports;

1. Notification of the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, and the circumstantial report (whether or not a drinking driver is under dangerous driving);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. As to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes under Articles 40 and 50 of the Commercial Concurrent Crimes Act, the punishment prescribed for the crime against the victim C with the largest penalty shall be imposed.

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