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(영문) 대구지방법원 2020.12.02 2020고단5359
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Western Branch of the Daegu District Court, the Defendant has been notified of the summary order of a fine of KRW 1 million on March 18, 2014 and the summary order of KRW 5 million on August 26, 2014.

1. On August 5, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven B rocketing car with a blood alcohol concentration of 0.164% and proceeded along three-lanes from the middle parallel to the yellow-distance distance from the middle intersection by driving B rocketing car with a blood alcohol concentration of 0.164%.

At night, in such a case, the Defendant engaged in driving of a motor vehicle had a duty of care to prevent the occurrence of an accident in advance by driving the steering gear and brake in a safe manner by accurately operating the steering gear and brakes while under the influence of alcohol.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding along the four-lanes of the above-mentioned road, was driven by the victim E (Nam, 61 years old) on the left-hand side of the Frocketing cab, which was driven by the Defendant, as the right-hand side of the Defendant’s car.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., in need of approximately two weeks of medical treatment to the victim E.

2. On the date specified in paragraph 1, the Defendant driven the said rocketing car under the influence of alcohol by 0.164% in the section of approximately 3km from the 3km section before the green clock range in the same Gu, through the place specified in paragraph 1, at the time specified in paragraph 1.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G. 1.

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