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(영문) 대구지방법원 2017.12.14 2017고단5983
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 is a person who is engaged in driving a motor vehicle with CM5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 4, 2017, the Defendant driven the said car with a alcohol content of 0.201% 0.201% in blood, and proceeded at a speed of about 20 km per half month from the e-lane 4 lanes in Daegu-gu, the front direction of the E-do 4 lanes in the middle-gu, Daegu-gu.

At the time, taxis are at night and at the fourth lane, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door in the driver of the vehicle and accurately manipulating the steering system of the vehicle.

Nevertheless, the Defendant, by negligence, while driving in the same direction as is difficult due to the influence of alcohol as above, was driven by the victim FF (23 Dose) driver, who was parked in order to board customers in the same direction four-lanes from the front direction of the same line. The Defendant 1 got the front part of the Defendant 1’s vehicle.

As a result, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., in need of approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a CM520 vehicle under the influence of alcohol 0.20% of alcohol concentration from a same gallon building parking lot in Daegu-gu, Daegu-gu, to E in the front road in Daegu-gu, about 1km from a same gallon building parking lot to E in the middle-gu, Daegu-gu, Seoul-gu, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 of the Road Traffic Act concerning the crime.

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