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(영문) 대구지방법원 2020.12.09 2020고단4707
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

The Defendant is a person who is engaged in driving of a cargo vehicle of one ton in B.

1. On July 30, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said vehicle under the influence of alcohol concentration of 0.133% on the road in front of the Daegu Northern-gu C apartment, Daegu, under the influence of alcohol concentration of 0.3% on July 30, 202, led the Defendant to drive the said vehicle in front of the said vehicle at a speed of about 60 km from the surface of the

Since there is an intersection, in such a case, the driver had a duty of care to prevent accidents in advance and drive safely by accurately operating the operation and steering gear of the driver.

Nevertheless, the Defendant, by negligence of neglecting his duty of care in front of the Defendant’s vehicle under the influence of alcohol and neglecting his duty of care, caused the part of the Defendant’s vehicle back to the front part of the victim D’s vehicle, which was driven by the victim D(Nam, 28 years old) who was parked in the front side of the Defendant vehicle, to shock the part of the Defendant’s vehicle into the front part of the victim D’s vehicle due to the shock, while the victim D’s vehicle was pushed in front of the victim D’s vehicle due to the shock, which was driven by the victim F(Nam, South, 35 years old) who was under the influence of the above signal.

Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victims, such as the climatic salt, tension, etc. for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.133% in the section of about 4 km from the first way in Daegu North-gu, as stated in paragraph (1) to the front road of the said Gu, from the 4km section of approximately 0.13% of alcohol level.

Summary of Evidence

1. The defendant's legal statement F, each police officer's statement of the defendant F, the traffic accident report, the traffic accident report (1) (2) (2) (2) and the driver at the scene of the accident.

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