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(영문) 대구지방법원 포항지원 2018.02.01 2017고단1507
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by B AWn-Wn-Wn-Wn-Wn-Wn-Wn-Wnk-Wn-Wn-Wnk-Wn-Wn-Wnk-Wn-Wn-Wn-Wnk-Wn-Wn-Wn-Wnk-Wn-Wn-Wn-Wn-Wn-Wn-Wn-

At this point, since the driver had a duty of care to accurately operate the steering direction and brakes and prevent accidents in advance, the defendant neglected to do so while neglecting his duty of care to prevent the accidents, and caused the collision of the curbs on the right side of the driving direction by negligence, which was caused by the influence of drinking, and then the driver flicked the part of the driver flicked by the victim C(W, 41 years old) driver flicked on the same direction as the driver flicked on 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, such as climatic salt, which requires approximately two weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-hurged car with alcohol content of 0.159% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on investigation (for investigation of a victim);

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) are general traffic accidents.

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