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(영문) 대구지방법원 2020.05.13 2020고단118

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2016, the defendant was notified of a summary order of KRW 2 million due to the violation of the Road Traffic Act in the Busan District Court's branch court's branch court.

1. Although the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol at least once, on November 27, 2019, the Defendant driven a F Karen car with a blood alcohol level of 0.133% under the influence of alcohol at least 0.13% from the Do in front of the cafeteria located in Daegu Northern-gu B to the front of the cafeteria located in D, 2019. < Amended by Act No. 1501, Nov. 27, 2019>

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said car under the influence of alcohol level of 0.13% at the time set forth in paragraph 1, and led the said car to bypassing from the g bank bank to the Hpickest surface of the Daegu Northern-gu.

In such cases, the defendant engaged in driving cars has a duty of care to check the right and the right and the right before the right and the right and the right are safe, and then the right and the right are safe.

Nevertheless, due to the negligence of the Defendant’s neglect of this, the part of the victim I (Nam, 32 years old driving) who stops in the opposite lane to the direction of the Defendant’s car driving was placed in the front part of the Defendant’s car driving.

After all, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim I, such as salt ties and tensions, which require two-day medical treatment, and suffered injury to the victim K, who is the passenger of the said van, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the situation of a drinking driver, and the results of the control of drinking driving; and