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(영문) 대구지방법원 2020.01.21 2019고단5902
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. On November 4, 2019, at around 13:19, the Defendant driven a DK5 vehicle while under the influence of alcohol of about 0.182% in a section of about 5 km from the 'Seoul Northernbuk-gu Bel' parking lot to the front road of the same Gu, from around 13:19.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol content 0.182% at the time and time set forth in paragraph (1) and was driving the said car and driving the said car into the road of the third line in front of the Daegu North-gu Seoul apartment C apartment.

In such cases, the driver has a duty of care to prevent accidents by thoroughly operating the front-time vision and accurately operating the brake system.

Nevertheless, due to the negligence of being driven by the Defendant under the influence of alcohol, the Defendant received the left-hand side of the victim G (the age of 40) driving in the right-hand side of the Defendant’s car driving in the direction of the car driving.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as the pipe and tension of the detailed unknown parts, by driving the car for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-3 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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