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(영문) 대구지방법원 서부지원 2020.06.17 2019고단3380
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

The defendant is a person who is engaged in driving a KS7 car.

1. On September 11, 2019, the Defendant driven the said car at a 0.175% alcohol level, while under the influence of alcohol around 21:50 on September 11, 2019, and driven the road front of the 177 merchants’ South Korean four-distance, Seogu, Daegu, at a ethic speed from the ethic distance to the south four-distance distance of merchants.

At the time, there was a vehicle in motion to the front direction of the defendant's proceeding, and there was a vehicle in motion.

In such cases, a person who is engaged in driving of a motor vehicle has a duty of care to take the front side and left side well, to accurately operate the brake and steering gear, and to prevent accidents in advance by driving it.

Nevertheless, the Defendant, while driving under the influence of alcohol and having difficulties in driving normally, conflict with the part of the front part of the vehicle of the Defendant, which was driven by the victim C (W, 56 years old) who was parked in the same direction signal in the order of the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. The Defendant driven the said vehicle under the influence of alcohol concentration of 0.175% at the 1 Km section of approximately 1 Km from the front day of a cafeteria in the Dogwon-dong, Seogu, Daegu-gu to the front day of the 177 merchants' South Korean four streets.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each investigation report (the sequence 7, 25, 27 of the evidence list);

1. The actual survey report on traffic accidents (1) (2);

1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;

1. A medical certificate (C);

1. Application of the statutes governing traffic accident-related photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and Article 148-2 (3) 2 of the Road Traffic Act concerning the crime.

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