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(영문) 대구지방법원 김천지원 2019.09.26 2019고단729
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car

On June 19, 2019, at around 19:55, the Defendant: (a) driven the said car in red state with a large width of 0.195% of alcohol concentration in blood, under the influence of alcohol from the e factory room to the location of the tax office located in the city of Gu, Si; (b) on June 19, 2019, the Defendant: (c) driven the said car in front of the gas station in the city of Gu; and (d) driven the e factory by driving it.

At the time, the G 7 car of the victim F (38 years old) driving in the front of the defendant's driving direction was going straight from the export tower to the tax office's distance. In such a case, the driver of the vehicle has a duty of care to prevent the accident by safely driving the vehicle by driving the vehicle, such as putting the front door and accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the operation of the operation system while neglecting the duty of prior week, and received the right part of the above victim F driver's car in front of the Defendant's car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. On the date and time set forth in paragraph 1, the Defendant driven the said vehicle under the influence of alcohol by 0.195% at a section of approximately 1.5 km from the front of the I Hospital located in the Gusisi H to the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Relevant provisions concerning facts constituting an offense;

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