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(영문) 대구지방법원서부지원 2020.09.09 2020고단741

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of B B B B B B-ball passenger.

On December 18, 2019, at around 03:30, the Defendant driven the said car with the blood alcohol concentration of 0.114%, and led to the intersection in front of the private distance of the Northwest-gu, Daegu-ro 300, Seogu, Daegu-ro, the Defendant driven the said car to the full four-way distance from the parallel of the street.

At the time of night, there was a duty of care to safely operate the steering system and the steering system by properly operating the steering gear and the steering system.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and got the victim C (the age of 51) who was under the influence of alcohol within the above intersection due to the negligence of the Defendant’s failure to go beyond the upper part of the road surface.

As a result, the Defendant classified the horse into a horse and sustained injury by driving the said vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking such as a big distance, etc., and caused the victim to suffer injury to the victim, such as an external booming flady, without an open address in the head requiring medical treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Each investigation report (the sequence 8, 10, 14, 15 of the evidence list);

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of driving a motor vehicle on a hazardous level) and imprisonment with prison labor for each choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.