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(영문) 대구지방법원 2020.07.22 2020고단2220
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

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 passenger car B lowest

On October 20, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.138% 0.15% around October 20, 2019, and driven it along three-lanes in the direction of half night distance from the border of Daegu-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes and other devices of the motor vehicle, and to prevent accidents.

Nevertheless, the defendant's negligence that did not accurately operate the steering direction and operation system of the drunk Sea was caused by the failure of the defendant's operation of the steering direction and operation system at the front direction of the defendant's driving direction, followed the left side of the victim C(Nam, 52 years old) driver's car and shocked the part of the driver's vehicle into the front right part of the defendant's vehicle.

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, tension, etc. of the necessary 3 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at a section of about 7 km from the border of Daegu Dong-gu to the safe school located in the 7km-ro, Daegu Dong-gu, the Defendant driven a motor vehicle B with a blood alcohol content of about 0.138% under the influence of alcohol, in a state of under the influence of alcohol of about 0.138%, at the time and time specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the occurrence of a traffic accident, survey report on actual condition, report on the circumstantial statement of a drinking driver, report on whether to drive any danger, request for appraisal and certificate of insurance coverage;

1. Application of written estimates and written diagnosis to statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) are amended as of May 4, 202.

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