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(영문) 대구지방법원 김천지원 2020.07.23 2019고단1172
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. Around 09:35 September 7, 2019, the Defendant driven an E rocketing car with a blood alcohol concentration of 0.149% from the section of approximately 1km from the 1km road in the Gu-U.S. Pami City B to the road in front of the same city D market.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven by the said car while under the influence of alcohol as above at the same time and led the Defendant to make the distance prior to the said D market a right-hand from the Jyeong-dong surface to the right-hand side

At the same time, the center line of the yellow-ray is installed, and at the same time, the other vehicle is in the opposite line of the Defendant’s vehicle in the old-dong room, so in such a case, the driver had a duty of care to live the front line well and to safely operate the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in leading up to the center line of the road leading to bypassing and entering the bypassing the Defendant’s car, and the part front of the G SP car’s right side of the victim F(F, 46 years old) driving on the opposite side of the Defendant’s car was received as the front part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on the occurrence of traffic accidents, photographs of the scene of accidents, actual condition survey reports, and photographs of the scene of accidents;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 16922 of Feb. 4, 2020) and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 1692

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