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(영문) 대구지방법원 2020.12.16 2020고단5486
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 engaged in driving a B low-speed car;

On October 14, 2020, the Defendant driven the above vehicle while under the influence of alcohol at 0.156% of the blood alcohol concentration around 20:20, and led to a four-lane road in front of Daegu Suwon-gu, along one-lane from the horizontal market distance to the Daegu Bank Ne-distance.

At night, the signal was installed at the front, and in this case, there was a duty of care to prevent accidents in advance by driving the steering gear and the steering gear in a safe way under the influence of alcohol by accurately operating the steering gear and the steering gear under the influence of alcohol.

Nevertheless, when the Defendant neglected to do so under the influence of alcohol and proceeds therefrom, the Defendant was driven by the victim D ( South and 51 years old) who was in the atmosphere of the signal at the front direction of the Defendant’s running, and received the part of the vehicle in front of the Defendant’s driving.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as a diversous salt, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a passenger vehicle at the highest level as described in paragraph (1) while under the influence of alcohol at about 3 km section from the G cafeteria in Daegu Suwon-gu to the place described in paragraph (1).

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. The report on the occurrence of a traffic accident, the report on actual condition survey, the report on the circumstantial statement of a drinking driver, the notification of the results of the crackdown on drinking driving, the medical certificate, the estimate, and the total insurance coverage certificate.

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