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(영문) 대구지방법원 경주지원 2019.07.11 2019고단264

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 M& car

On April 18, 2019, the Defendant, at around 06:57, driven the said car with the alcohol concentration of 0.118% which is difficult to drive normally due to the influence of alcohol, and continued the said car at the port of the port of the port of the port of the port of the port of the port of the Republic of Korea along with three lanes in front of the four-lane distance.

Since there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle according to the traffic signal by reducing speed and checking the side well.

Nevertheless, the Defendant was negligent by driving the said vehicle while under the influence of alcohol with a red and rhym and without walking, and entering the intersection as is, even if the front signal was a red signal, and due to the negligence that entered the intersection, the victim C(63 years old) who proceeded to turn to the left at the top of the opposite direction, and received the front part of the victim C (63 years old) driving on the left left-hand side of the said vehicle from the front side of the said vehicle.

As a result, the Defendant suffered injury to the victim, such as catum catum, requiring approximately two weeks of medical treatment due to occupational negligence as above.

2. Around 07:00 on April 18, 2019, the Defendant driven the said vehicle while under the influence of alcohol with a blood alcohol concentration of 0.118% from the 29km section from the 29km to the place specified in paragraph (1) at port.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 16037 of the former Road Traffic Act on December 24, 2018.