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(영문) 대구지방법원 2019.09.25 2019고단3694
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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. On June 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a BAD6 car with a blood alcohol concentration of 0.154% under the influence of alcohol around 22:50 on June 14, 2019, and led to the flow of BADA6 car in the direction of the flow distance from the galside of the galside distance.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while driving a vehicle under the influence of alcohol and neglected to do so, found the victim D(72 years of age)'s Ei30 car which was stopped for traffic in the front direction of the Defendant's car driving in the direction of the driving of the vehicle, due to the negligence of finding late the victim D(72 years of age)'s E i30 car, and the part behind the damaged vehicle was shocked by the Defendant'

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of alcohol, and caused the above victim’s injury, such as elbow bows, etc., which requires approximately three weeks of medical treatment, and the victim F (73 years of age) who is the passenger of the damaged car, by negligence on duty, each of the above victims suffered injury, such as a blusium, which is in need of approximately three weeks of medical treatment.

2. Around 22:50 on June 14, 2019, the Defendant driven a “H” restaurant at Daegu Suwon-gu G with approximately 200 meters section from the “H” restaurant to the front road of the same Gu, under the influence of alcohol concentration of 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Photographs of the accident site;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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