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(영문) 대구지방법원 2020.10.22 2020고단4318

도로교통법위반(음주운전)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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is engaged in driving a car at BV.

On July 10, 2020, the Defendant was under the influence of alcohol level of 0.137% in blood, while driving the said vehicle and driving the vehicle in front of Daegu Water-gu C, and the Defendant was under the duty of care to safely drive the vehicle under the influence of alcohol level of 0.137% in front of the said vehicle, despite the fact that there was a duty of care to safely examine the right and the right and the right of the vehicle, the Defendant was negligent in driving the vehicle under the influence of alcohol and was under the duty of care and the part of the back part of the victim D (n, 46 years old) who was under the influence of alcohol level of the vehicle in front of the passenger vehicle of the Defendant.

As a result, the Defendant driven a car in such a situation where normal operation is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of a trend requiring treatment for about two weeks.

2. Around 01:05 on July 10, 2020, the Defendant driven a BNS car in the state of alcohol alcohol concentration of approximately 0.137% from the G road located in the Daegu Water-gu F to the front of the same Gu at approximately 6km road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the police officers of the results of drinking driving control, such as a fact-finding report on D's statement, an accident site photograph, a medical certificate of each diagnosis, the circumstantial statement of the driver;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes within the scope of adding up the long-term punishment as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment to the punishment]