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(영문) 대구지방법원 포항지원 2021.03.26 2020고단1456

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 06, 2020, the Defendant driven the said car under the influence of alcohol content of 0.137% during blood transfusions on November 06, 2020, while driving the said car at a level of 0.137%, and driving the front road in front of North-gu, Northern at the port of port along three lanes from the terminal room of the passenger line to the bank of the head of the residents' center.

There was a road where the center line of the yellow-ray was installed. At night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes by properly keeping the vehicle line and properly manipulating the steering direction and brakes in the front, rear and left.

Nevertheless, under the circumstances where it is difficult to drive normally while under the influence of alcohol, Defendant D ( South, 61 years old) who walked on the part of the victim D (the victim South, 61 years old) who walked to the opposite part of the central line with the fault of the center line.

Ultimately, the Defendant suffered injury, such as spine damage, which requires approximately 14 weeks of medical treatment, and injury, such as felling and felinary felling, which require approximately 6 weeks of medical treatment, due to the above occupational negligence.

2. On the day specified in paragraph 1, the Defendant driven a B SP car under the influence of alcohol content of 0.137% from the main station located in the sprink in the middle line of the store located in the north-gu, North-gu, Seoul at the time of port to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report, a statement on the circumstances of the drivers of the primary drivers, an investigation report (report on the circumstances of the drivers of the primary drivers), a report on the detection of the drivers of the primary drivers, and a next inquiry;

1. Application of three copies of a photograph of each accident scene photograph, caps, and Acts and subordinate statutes governing subscription to automobile insurance;

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