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(영문) 대구지방법원 2020.01.30 2019고단6190
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 14, 2019, the Defendant was under the influence of alcohol by approximately 300 meters from the section from the 06:19th 06:19 to the front D located in the same Gu, while driving a new XG car under the influence of alcohol by 0.249% from the section of approximately 300 meters of alcohol level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving cars E New Franchise XG;

The Defendant, while under the influence of alcohol level 0.249% on the date and time limit set forth in paragraph (1), driven the said car and driven the said car at a speed of 50km per hour from the border bank to the public announcement four-distance.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and negligently proceeded to the left side of the vehicle driving direction of Defendant F, who crosses the intersection to the right side of Defendant’s car driving direction, received the victim F (70 years old), as the front part of Defendant’s car driving force.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in the Defendant’s injury to the victim, such as cutting down or closing down the body part of the body part of which detailed is in need of treatment for about 11 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. A report on internal investigation (verification of on-site CCTV image data);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and the choice of imprisonment

1. Article 37 of the Criminal Code among concurrent crimes.

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