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(영문) 대구지방법원서부지원 2020.09.11 2020고단111
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 December 20, 2016, the Defendant violated the prohibition of drinking driving by being issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Seo-gu District Court's Seo-Support on December 20, 2016.

1. Around 07:55 on December 7, 2019, the Defendant was driving a amburged vehicle under the influence of alcohol concentration of approximately 0.15% in the section of about 300 meters from the front of a restaurant where the trade name in Daegu-gu B is unknown until the front of a restaurant in C at around 08:00 on the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a driver car.

On December 7, 2019, the Defendant driven the said car at a speed of about 40 km from 08:00 on December 7, 2019, and proceeded at a speed of about 5 km in front of the “D” restaurant C in Daegu-gu, Seo-gu, along two-lanes towards the new street.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol and was driven by the Victim F (year 57) who was standing in the front section of the vehicle due to the negligence of driving the vehicle at the front section of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in a state where normal driving is difficult due to the influence of drinking, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police with F made;

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