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(영문) 대구지방법원 2019.08.13 2019고단3031

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On April 6, 2019, at around 00:10, the Defendant driven the said car with a blood alcohol level of 0.141% 0.1%, and led to the driving of the said car in front of the D cafeteria located in Daegu Suwon-gu C from the middle intersection to the yellow four-distance outflow.

A person engaged in driving of a motor vehicle has a duty of care to make a change in the course by operating a direction direction when changing the vehicle line and giving prior notice of a change in the course, and to make a change in the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the direction, and changed the vehicle to the left-hand side without operating the direction direction, and caused the fK7 taxi driving in the first lane to the left-hand side of the Defendant’s car.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury to the victim E (the 48-year-old), such as scarke, scarke, and so on, the victim G (the 28-year-old passenger), who is the injured taxi passengers, for approximately three weeks of medical treatment, injury such as scarin, etc., and the victim H (the 28-year-old passenger) who is the injured taxi passengers, for approximately two weeks of medical treatment, respectively.

2. Around 00:10 on April 6, 2019, the Defendant: (a) driven a B-hand car in the state of alcohol alcohol concentration of about 200 meters from the J-Road located in the Daegu Suwon-gu I to the front road of the D-cafeteria located in the same Gu C; and (b) under the influence of alcohol level of about 0.141% from the 200-meter section to the D-cafeteria in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E and K;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (e-mail statements of Ma2 vehicle passengers, G, and H), and e-mail statements;

1. Criminal facts;