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(영문) 대구지방법원 2018.09.20 2018고단3319
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

The Defendant is a person engaging in driving a benz car.

On April 13, 2018, the Defendant, while driving the said vehicle under the influence of alcohol level 0.225% at around 04:50, while neglecting the duty of care to safely drive the said vehicle on the ground of underground vehicular road located in the center of the Daegu Northern-gu, the Defendant was negligent in neglecting his/her duty of care to thoroughly drive the front city and maintain the safety distance with the front vehicle, and received the back portion of the said cargo vehicle of the victim C (59 years old) driving in front of the same direction, without finding any DNA truck of the victim C (59 years old) driving in front of the said passenger vehicle.

As a result, the Defendant driven the benz car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as light salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

1. Medical certificate (C);

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Application of the Acts and subordinate statutes to the investigation report (on the injury caused by dangerous driving);

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standard for sentencing of the grounds for sentencing under Article 62-2(1) of the Criminal Act [the scope of recommendations] of the Criminal Act / In the case of the types 1 (Bodily Injury resulting from Traffic Accidents) (4 to 1) of the basic area (including special mitigation) / In the case of driving under alcohol, etc., the punishment is not imposed (including serious efforts to recover damage), the sentence is imposed, and the circumstances under which the sentence is imposed, and the age, occupation, and occupation of the defendant.

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