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(영문) 대구지방법원 서부지원 2019.08.13 2018고정733

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2, 2018, the Defendant driven a B-learning car under the influence of alcohol level of 0.110% on blood alcohol level on September 2, 2018, and proceeded at a speed of about 60 km per hour at a speed of about 50 km between the 19:35-lane and the 3-lane in front of Daegu Western-gu C from the 19:5-lanes.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, negligently driven a vehicle while neglecting it, shocked the backer of the victim D(59 years of age)'s EM5 vehicle in front of the above vehicle, which is signaled at the front side of the above vehicle, with the front ender of the above sM5 vehicle, and continued to drive the above sM5 vehicle with the front ender of the above sM5 vehicle, which is left left to the left from the front side of the vehicle due to the new spath of the party F(n, 55 years of age) driving, which is the front ender of the above spath of the spathn vehicle.

As a result, while driving a vehicle in a state where normal driving is difficult due to influence of alcohol, the Defendant, by negligence in the course of business, suffered from the injury of the victim D, such as light dump, tensions, etc., which requires a two-day medical treatment, injury of light dump, etc., which requires a two-day medical treatment to the victim H (the 54 years old), and injury such as light dump, tension, etc., which requires a two-day medical treatment to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H, and F;

1. Each written diagnosis;

1. The report on the occurrence of a traffic accident, a report on the actual condition, a survey report on the scene, and 21 copies of vehicles, notification on the results of the drinking driving control, a report on the results of the investigation, a report on the investigation into the state of a drinking driver, a report on the investigation into dangerous driving, a notice on the completion of correction, a notice on the investigation (Attachment to On-the-spot interview), a report on the investigation (Attachment to On-the-spot interview), and