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(영문) 대구지방법원 서부지원 2020.01.08 2018고단2416

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2018, around 21:50, the Defendant driving a D-wing and freight vehicle, which was not covered by mandatory insurance, while under the influence of alcohol content 0.232%, from the shooting distance of four-lanes in front of C-School in Daegu-gun, Daegu-gun, the Defendant continued two-lanes from the Cheongdo-si to the Cheongdo-si Office.

Since there was a cross-section where signal lights are installed, there was a duty of care for those who are engaged in driving service to follow the signal.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, proceeded without a normal driving due to the influence of alcohol, was driven in front of the Defendant’s vehicle, and the Defendant shocked the rear part of the FNV passenger vehicle driven by E in front of the vehicle at the front section of the said vehicle, and due to the shock, the Defendant caused the said NNV passenger vehicle to see the front part of the said vehicle, which is the front part of the said vehicle by the victim G being transmitted at the front section of the said vehicle.

As a result, the Defendant suffered the injury of salt, tensions, etc. from the flusium (intest) that requires approximately two weeks of medical treatment to the victim I who is a partner of the said Nlus car, and the victim G suffered approximately two weeks of medical treatment to the victim G, respectively.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and G;

1. A report on the occurrence of a traffic accident, etc. and a actual survey report;

1. A medical certificate (I, G);

1. Requests for appraisal;

1. Investigation report (report attached to inquiries about mandatory insurance contracts of suspects), application of the provisions of Acts and subordinate statutes regarding mandatory insurance contracts;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving), Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.