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(영문) 대구지방법원 2018.02.08 2017고단4750
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 5, 2017, the Defendant driven the said car while under the influence of alcohol on July 21:5, 2017, and driven the Daegu Underground Road in 161, Taegu-gu, Taegu, Daegu, along the three-lane distance from the northwest-ro, Daegu, to the large-area four-lanes.

At the time, it is night and a vehicle line is divided into two lanes, so a person engaged in driving service has a duty of care to safely drive the vehicle without driving under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle on the left side of the Defendant’s vehicle, and the part in front of the victim C(28 tax) driveed at the same one lane due to the negligence on the part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc. of the bones of trees, which requires approximately two weeks of medical treatment, by occupational negligence, while driving normally difficult due to influence of drinking, such as putting the red light on the face, opening a large amount of walking, walking, and snowing.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately KRW 300 meters alcohol content 0.163% under the influence of alcohol level 0.163% from the front of the restaurant in the jun-gu Northbuk-gu, Daegu-gu, Daegu-ro, 161 at the same time to the Daegu-ro, Jung-gu, Jung-gu, Gyeong-gu, Seoul-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Investigation report on the actual condition of a driver, investigation report, inquiry into the results of crackdown on the driving of alcohol, and application of Acts and subordinate statutes to report internal death (Attachment to on-site photographs);

1. Relevant provisions of the Act concerning facts constituting an offense;

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