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(영문) 대구지방법원 김천지원 2019.05.21 2019고단144
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who is engaged in the duty of driving B-be trucks.

1. On January 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said truck under the influence of alcohol concentration of 0.133% in blood on the road in front of Kimcheon-si, Kimcheon-si, and was driving the said truck at a speed of about 40km from the composition of the truck to the yellow-do flood control area.

There is a duty of care to prevent accidents in advance by reducing speed and driving safely while driving safely by reducing speed. This is because the ECA 110B Obama of the victim D (ma, 44 years old) driving is under the stop of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected the face while being red and walked, and did not discover the above otobane and did so, and instead proceeded, received the above obal part of the obal part in front of the truck driver, thereby making the victim go beyond the ground floor.

Ultimately, the Defendant driven the said truck in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. of the trend that requires medical treatment for about three weeks.

2. On January 18, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.13% from the 20km section from the front of the Gicheon-si, Kim Jong-si community hall at around 15:10 on January 18, 2019 to the road in front of the same city C-distance.

Summary of Evidence

1. Defendant's legal statement;

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

1. The defendant's defense counsel asserts that the defendant was not in a state to the extent that normal operation would not have been difficult at the time of the accident, such as report on internal investigation (as to submission of a medical certificate), the results of the drinking driving control, and the survey report on actual situation

According to the records, the records are examined.

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