logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.16 2019고단4582
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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

On June 5, 2008, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court as a crime of violating the Road Traffic Act.

1. On August 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a B-beon freight vehicle with blood alcohol concentration of 0.202%, while under the influence of alcohol on August 7, 2019, and led to the F-beon distance from E to F-beon.

In this case, 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, under the influence of alcohol and neglected to drive while driving a vehicle at the front direction, was negligent in finding the victim G(the age of 56) driving that was stopped for signal traffic at the front direction, and the lower part of the damaged passenger vehicle was shocked into the front part of the Defendant’s cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the above victim, such as brain, which requires medical treatment for about two weeks.

2. On August 7, 2019, at around 20:45, the Defendant driven a bpoter truck under the influence of alcohol content of about 0.202% at the section of about 10 K m of alcohol at the same time from the luminous luminous intensity of the day-to-day in Busan, the Defendant driven a Bpoter truck under the influence of alcohol content of about 0.202%.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition of driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

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. On-site photographs;

1. A medical certificate;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

1. Specific crimes provided for in the relevant Act regarding criminal facts.

arrow