(영문) 대구지방법원 2020.10.07 2020고단4227

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(영문) 대구지방법원 2020.10.07 2020고단4227

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six 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 November 26, 2010, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court due to the violation of the Road Traffic Act.

The defendant is a person who is engaged in driving of the B Trate Motor Vehicle.

On July 3, 2020, the Defendant driven a motor vehicle with blood alcohol level of 0.191%, while under the influence of alcohol level of 0.16:05, and proceeded bypassing a two-lane among the two-lane roads in the direction of Abdo 288 at the Gayang-ro, Daegu-gu, Abdo Gayang-ro, Daegu-gu.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to turn to the left at the right side of the Defendant’s car, which the injured party C driven at the left side of the car at the right side of the car of the Defendant, along one lane from among the three-lane roads.

As a result, the Defendant driven the said Trate in a state where it is difficult to drive a car normally due to the influence of drinking, and suffered injury to the victim, such as the shoulder and the straw of the arms, which require approximately two weeks of medical treatment.

2. On the date and time set forth in Paragraph 1, the Defendant was driving the said T-Ra in a state of under the influence of alcohol level of about 0.191% from the 200 meters away from the Do in front of the Daegu East-gu E market to the place of the said accident.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Each photograph: “accident site”.

참조조문

-도로교통법

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