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(영문) 대구지방법원 2020.05.20 2019고단3579

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2019, the Defendant was sentenced to imprisonment with prison labor for four months for the crime of obstruction of performance of official duties in the Seo-gu District Court Branch of the Daegu District Court, and the judgment became final and conclusive on May 2, 2019.

1. On May 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a BMW520d car with blood alcohol concentration of 0.21% at around 13:30 on May 18, 2019, while driving BMW520d car, and proceeding D front roads located in Daegu hydro-gu Water Zone C with the heavy guard from the yellow four-distance flood.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while under the influence of alcohol, found the Franchise car of the victim E(the age of 67) drive while driving a vehicle next to that of the Defendant while driving the vehicle, and due to the negligence of finding it late, the left-hand part of the damaged vehicle was shocked into the right-hand part of the Defendant’s vehicle.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol, caused the injury of the victim, by negligence in the course of performing the above duties, such as salt dynasium in need of treatment for about two weeks, and suffered the injury of the victim G (the 65 years old) who is the passenger of the damaged motor vehicle for about two weeks, such as light dynasium in need of treatment.

2. Around 13:30 on May 18, 2019, the Defendant driven a BMW520d car while under the influence of alcohol 0.21% at a section of about 300 meters from the Do in front of the I restaurant located in the Daegu Suwon-gu H to the J before the J.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of K and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Photographss by cutting a black stuff image;

1. Each written diagnosis;

1. Previouss before judgment: Criminal history records, references to prosecution investigation reports, and suspects;