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(영문) 대구지방법원 경주지원 2017.08.31 2017고단263
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 26, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking) in the Daegu District Court racing support, and on November 16, 2015, a fine of four million won for a crime of violating the Road Traffic Act (drinking) in the above support.

[Criminal facts]

1. Around 19:50 on May 1, 2017, the Defendant: (a) driven a B B Poter II truck; (b) was driving along the four-lane distance from the front side of the G king-dong, Sin-si to the museum; (c) was negligent in failing to perform a front-time duty in a state where normal driving is difficult, such as 0.138% of alcohol concentration during blood, walking, and snow shock; and (d) was negligent in failing to perform a front-time duty in a state where normal driving is difficult, such as 0.138% of walking in the middle of the same lane, while driving along the two-lane distance from the front side of the said cargo to the museum; and (c) was inflicted an injury, such as salt and tension between the victim and the victim boarding the C and the damaged vehicle, by taking the front side of the said cargo vehicle in need of approximately two weeks medical treatment.

2. Although Defendant 1 had been punished twice or more as above, Defendant 2 driven the above B Poter II cargo while under the influence of alcohol concentration of 0.138% in blood at the time and place specified in paragraph 1 as above, at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, report on the actual condition, survey report on the actual condition, notification of the results of crackdown on the driving of drinking, report on the circumstances of the driver under driving, investigation report, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to the previous and summary order);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) 1 of the Road Traffic Act concerning criminal facts.

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