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(영문) 대구지방법원 의성지원 2019.03.28 2019고단39

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 engaged in driving a motor vehicle B.

On January 7, 2019, the Defendant operated the said car under the influence of alcohol level of 0.206% with a blood alcohol level of 0.206% around 20:55, and continued the national highways of 3593 and 5 from the border of the Gyeong-gun, Gyeong-gun, Gyeongbuk-do to the Daegu-do area.

At the time, it is night, and there is a two-way road, where the center dives are installed, so the driver of the motor vehicle has a duty of care to live well on the front side and the right side of the motor vehicle and to prevent the accident by driving it to the center right side of the road.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally and neglected to do so, received the full part of the victim C(the age of 49)'s D's D', which is proceeding normally on the military surface from the Daegu District Court due to occupational negligence, as the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

2. On January 7, 2019, at around 20:55, the Defendant driven a motor vehicle with blood alcohol concentration of approximately 0.206% from the 1.8km section from the front of a F cafeteria located in the Gyeong-gun, Chungcheongnam-gun, Gyeongbuk-gun, to the 3593 front road in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C Preparation statement of traffic accident-related person;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition, a field photograph, a report on the situation of a drinking driver, a report on investigation, a report on the results of the control of drinking driving, a report on the results of the control of drinking driving, an inquiry into the results of the control of drinking driving, a report on the detection of drinking alcohol, a report

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.