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(영문) 대구지방법원포항지원 2020.08.26 2020고단749
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B-learning automobiles.

At around 22:50 on March 13, 2020, the Defendant driven the said car with the degree of 0.20% of alcohol concentration in blood, which is difficult to drive normally due to the difficult driving of the car, and the Defendant driven the two-lanes in front of the D Association located in South-gu C at the port of port, into the F market room on the E side.

At the time, there are vehicles that were at night and are in the atmosphere signal signal at the front, and in such a case, there was a duty of care to prevent the occurrence of accidents by safely driving the vehicle with the front door and left door and right door, and the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and the Defendant was negligent in not operating his Hho-low car driven by the victim G (V, 50 years old) who was in the atmosphere of the signal at the front, due to the negligence of not complying with the said Hho-low car.

As a result, the Defendant suffered from the Defendant’s occupational negligence, such as salt, tensions, etc., in need of approximately three weeks of medical treatment to the said victim G.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the frighting car under the influence of alcohol of about 0.20% of the blood alcohol concentration at approximately 150 meters from the front of the J Pharmacy located in South-gu I at the time of the above temporary border to the above place.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, survey report, field photographs, notification on the results of the control of drinking driving, report on the state of a driving, and circumstantial report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (whether or not death or injury is caused by dangerous driving);

1. The fact that the relevant law and the selective driving of a punishment are caused by the crime: Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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