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(영문) 대구지방법원 2017.03.30 2017고단182
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

1. The Defendant who caused an accident while driving alcohol is a driver of BM5 vehicle.

On October 29, 2016, the Defendant driven the said car under the influence of alcohol content of 0.211% during blood transfusion at around 21:30 on October 29, 2016, and led to the direction of E in the direction of the convenience store in 25:00.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and drive the motor vehicle safely.

Nevertheless, the Defendant's negligence in driving while under the influence of alcohol is difficult to drive normally, brought the front wheels of the victim F(21) driving GTS125 EFI 124 CC in the opposite direction of the Defendant into the left-hand edge of the Defendant's car.

As a result, the Defendant suffered injury to the victim, such as chest scale, tension, etc., which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) at the same time and place as in the preceding paragraph, as in the preceding paragraph, destroyed the amount of KRW 2,255,00,00 for the repair cost, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Main report;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury caused by dangerous driving) and Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after the damage to property);

1. Selection of imprisonment with prison labor chosen;

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. The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Criminal Act, the type of ordinary traffic accident (the traffic accident).

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