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(영문) 대구지방법원 2020.07.24 2020고단1993

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

However, 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

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 B franchise;

On November 27, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.202% of the blood alcohol concentration around 06:50 on November 27, 2019, and led the roads in front of Daegu Dong-gu C along the two-lanes in the direction of MBC distance from the direction of the Eastern Zone.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, and other devices of the motor vehicle.

Nevertheless, due to the negligence that the Defendant was unable to accurately operate the steering direction and brakes in the influence of alcohol, the Defendant was faced with the E-car of the victim D(the age of 47) who was waiting at the front of the Defendant's driving direction and received the part of the driver's vehicle in front of the Defendant.

As a result, the Defendant was driving the said franchise-low vehicle in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury to the said victim, such as the left-hand part of the mouth, which requires approximately six weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a B-low-income car under the influence of alcohol of about 0.202% from the G road located in the Daegu-gu, Daegu-gu, to the front road of about 3 km of the same Gu to the previous road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, and notification of the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020 and enforced May 5, 2020) relating to the pertinent criminal facts and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is selected