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(영문) 대구지방법원경주지원 2020.10.28 2020고단324

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of 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 engaging in driving a passenger car B lowest

On December 18, 2019, at around 01:57, the Defendant, under the influence of alcohol, 0.185% of alcohol concentration, 0.185%, was fluened, and the Defendant driven the said vehicle under the condition that it is difficult to drive with a large amount of walking and a large string of red, and that it is difficult to do so, the Defendant driven the said vehicle, which is 3667 in front of the newspaper king located in the industry at the time of racing, from the front side of the racing, proceeded at approximately 70km in the speed of 190km.

At the time of the defendant's towing operation, the victim C (the South and the age of 37) was in a situation where the victim C (the South and the age of 37) unloaded the water on his D Es. Es. Es. 2 so, the driver of the motor vehicle had a duty of care to prevent the accident in advance, such as safe driving by checking well the right and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle in a situation where normal driving is difficult under the influence of alcohol as above, and received the back part of the victim's right side of the vehicle in front of the Defendant's vehicle, thereby allowing the victim to immediately go up to India in order to avoid collision.

As a result, the Defendant was negligent in driving in a situation where normal driving is difficult due to influence of drinking, resulting in the victim's injury of salt and tension for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.185% at the section of about 10km from the 10km away from the front of the E market at a temporary racing-si to the front of the king of the newspaper located in the same industry 3667 in the same city.

Summary of Evidence

1. The report of traffic accident by the police on the defendant's legal statement C of the statement, the notification of the results of the investigation into actual situation and the driver of the drinking driving control.