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(영문) 대구지방법원 김천지원 2019.05.02 2019고단39
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 resulting from Dangerous Driving) is a person engaging in driving a B earth car.

On December 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.156% on blood alcohol level around 19:35 on December 14, 2018, and continued the front road of the old Pyeong-dong New Hyeong-dong (Seoul) in front of the old Pyeong-dong (U.S.) from the front-dong bank.

Since there have been a large traffic volume at the time, in such cases, a driver engaged in driving of a motor vehicle has a duty of care to care for those who are engaged in driving a motor vehicle well, and to operate a steering boat and brake system accurately and safely.

Nevertheless, as above, the Defendant neglected to drive under the influence of drinking so that it is difficult for the Defendant to drive the vehicle normally, and received the part on the back part of the Da Ra Ro that was driven by the victim C (the 63-year old) who was parked in the front side of the Defendant’s vehicle for the signal atmosphere from the front side of the vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to sugar et al., which did not have any two wifes open for about two weeks of medical treatment, and injury to sugar et al., which did not need approximately two weeks of medical treatment to the victim E (the 59 years of age).

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven a B-to-be car in the state of alcohol with a blood alcohol concentration of about 0.156% in the section of about 1km from the front of the F apartment in the old-si city in the old-si city to the road near the old-si Sim of the old-si Si in the old-si city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The actual survey report and on-site photographs;

1. Application of each written diagnosis (C and E) statute;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed on December 18, 2018, respectively.

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