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(영문) 대구지방법원김천지원 2020.10.28 2020고단755
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

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 cars B;

On May 7, 2020, the Defendant driven the above vehicle on May 14:10, 202, and led to the driving of the D sales outlet front of the D sales outlet in the Gu and American City C from the direction of the Do road.

There are frequent places in which traffic is controlled by signal apparatus, and thus, in such a case, there was a duty of care to operate safely by properly manipulating the steering gear and brake system while a person engaged in driving a motor vehicle is under the influence of alcohol.

Nevertheless, the Defendant neglected this and neglected to drive the said vehicle in a state where normal driving is difficult, such as being in a large amount of smelling, inaccurate, large-scale and visual shocking, while under the influence of alcohol by 0.16%, the Defendant received as the front part of the Defendant’s vehicle the front part of the Fpoter freight driven by the victim E (E, South and 62 years old) who was standing in the front direction of the signal at the front.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as salt dump, tension, etc. in a state where it is necessary to treat the victim for about two weeks.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol 0.166% at a section of approximately 1.5 km from the H located in the Gu-U.S. City G at a temporary border, to the front day of the D store located in the Gu-U.S. Si, Si-si.

Summary of Evidence

1. Statement made by the police of the defendant in his court statement E, the report on the situation of the driver, and the inquiry into the control of drinking driving;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to a report on investigation (special cases for entry into a special law);

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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