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(영문) 대구지방법원 2019.06.27 2019고단1854
도로교통법위반(음주운전)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 who is engaged in driving a motor vehicle with X-D motor vehicle.

On November 3, 2018, the Defendant driven the said car under the influence of alcohol level of 0.310% on blood alcohol level around 11:53 on November 3, 2018, and led the road front of the entrance of Youngcheon-si C Apartment Ddong to C apartment D-dong.

Since there was a road at the entrance of apartment, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely according to the roadway by accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and the victim F(54 years old) who was under the influence of the delivery was shocked by the Defendant’s car driving seat.

As a result, the Defendant was negligent in driving a motor vehicle while under the influence of alcohol, and due to the negligence of driving the motor vehicle, caused the victim to suffer injury, such as a thalone-day therapy of the lower-ranking executives who are in need of medical treatment for about fourteen weeks.

2. On November 3, 2018, at around 11:53, the Defendant driven a vehicle with x-d motor vehicle of approximately 1km in the section of approximately 0.310% of alcohol alcohol level from the section of approximately 1km to the front side of the entrance of C apartment D through the H store located in Yongcheon-si, Incheon-si, through the roads from the C apartment underground parking lot to the H store located in G. In short, the Defendant driven a vehicle with x-d motor vehicle of approximately 0.310% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition of traffic accidents;

1. Requests for appraisal;

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

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and Article 148-2(2)1 and Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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