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(영문) 대구지방법원 김천지원 2020.04.28 2020고단45

특정범죄가중처벌등에관한법률위반(위험운전치사상)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. The defendant is a person engaged in driving a vehicle BM3 in violation of the punishment rate on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving);

On December 21, 2019, at around 01:40, the Defendant driven the said vehicle under the influence of alcohol with a maximum of 0.154% alcohol level of 0.154%, and led the front of the road in the Gu and U.S.C. to the Gu-U.S.-U.S.-U.S.-U.S.-U.S. bank.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded in the same room by negligence, and received a part of the lower part of the driver’s seat of the victim E (ma, 68 years old) driving in the same room from the front of the car of the Defendant.

As a result, the Defendant suffered from the Defendant’s occupational negligence on the part of the victim the injury of salt and tensions that require approximately two weeks of medical treatment, and the victim G (ma, 20 years of age) who is the passenger of the damaged vehicle for approximately two weeks of medical treatment.

2. On April 25, 2007, the Defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch on April 25, 2007.

On December 21, 2019, at around 01:40, the Defendant driven BM3 car under the influence of alcohol with approximately KRW 500 meters alcohol concentration of approximately 0.154% from the section of approximately 500 meters from the Mo-si, Sin-si to the front road in Gunsi-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and a photograph of the accident site;

1. The circumstantial statement of an employee will be made;

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