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(영문) 대구지방법원 영덕지원 2020.01.08 2019고단201
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 engaged in driving a B physical car;

On October 13, 2019, at around 01:45, the Defendant driven the said car in a state where it is difficult to drive the vehicle normally due to the influence of alcohol at 0.158%, and led the front of the Jinhae-gu Seoul Special Metropolitan City C to drive the vehicle in the direction of the Association.

At the time, it is night and its location is narrow from the two-lane to the one-lane. In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system and accurately.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering direction and operation system under the influence of alcohol, the Defendant received the part of the boundary line on the right side of the vehicle in the direction of the Defendant’s driving with the front wheels of the vehicle in the direction of the Defendant’s driving, and followed the central line, thereby allowing the Victim F (F, South, 50 years old) who driven EK5 taxi in the opposite direction of the Defendant’s driving, to rapidly approach the right side.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, with a large face of red and rhythm, and without walking, and suffered injury, such as dump, tensions, tensions, etc., which require approximately two weeks medical treatment to the victim.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.158% at the time and time set forth in paragraph (1) of this Article, driving B C in the section of about 11 km from the Jingu G apartment parking lot at Changwon-si to the same front C from the G apartment parking lot at Changwon-si to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. The actual condition survey report, the report on the occurrence of a traffic accident, the notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, respectively; and

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