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(영문) 대구지방법원 포항지원 2017.10.11 2017고단1003
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 July 16, 2017, the Defendant was under the influence of alcohol leveling 0.142% in front of the northwest of the Marine Disease Association located on the south-gu coast No. 5987 at the port of Pohang on July 16, 2017, and led the Defendant to proceed from the Cheongdog-dong on the Cheongdog-dong side with the flow of alcohol leveling 0.142% in alcohol level.

At this point, there was an intersection where signal lights are installed, so the driver of the vehicle has a duty of care to accurately operate the steering gear and brakes in accordance with the new code and prevent the accident in advance, but he neglected to do so, and as the defendant is faced with the influence of drinking, he neglected to do so, and the defendant found the victim C's low-speed typer vehicle in the same direction as that of the traffic signal, which was stopped from the same lane in the same direction, late, and shocked the back part of the damaged vehicle with the front part of the Defendant vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chill that requires two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-hurbed car with alcohol level of 0.142% while under the influence of alcohol at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver who is placed in driving, making a report on whether to drive any danger, and inquiring about the results of regulating drinking;

1. The actual investigation report on traffic accidents;

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 concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the stay of execution (The degree of injury is relatively minor and the agreement with the victim, etc.);

1. Order for community service and attending lectures;

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