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(영문) 대구지방법원 2019.07.09 2018고정1185
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:10 on November 18, 2017, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.292% at around 00:0,00, the Defendant driven DK5 automobiles at a 1km section from the front side to C in the same city from the front side to the front side of the same city.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) had a duty of care to check the career of a person driving a motor vehicle and to safely operate the motor vehicle line with the vehicle line, on the ground that, while driving a DK5 motor vehicle under the influence of alcohol and driving a three-lane road in the front of the CKM at the time of Gyeongsan City along three-lanes, the motor vehicle driver was at the same time having a duty of care to safely operate the motor vehicle by checking it well.

Nevertheless, the Defendant neglected to drive so under the influence of alcohol and led to the flow from the E room by the negligence near the center line to the 00-do Gyeongcheon-do Gyeongcheon-do eth, the Defendant got a part of the part of the victim F (the age of 49) driving in front of the left side of the K5 car by the G New EF Station or other car in the signal atmosphere, and caused the said new EF Station to follow the vehicle behind the left side of the K5 car due to its shock, and caused the victim H(the age of 20) to have the part behind the right side of the said new EF Station or other vehicle after the left side of the said new EF vehicle.

결국 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 자동차를 운전하여 피해자 F에게 약 2주간의 치료를 요하는 경추의 염좌 및 긴장 등의 상해를, 위 뉴EF소나타 승용차에 동승하고 있던 피해자 J(38세)에게 약 2주간의 치료를 요하는 뇌진탕 등의 상해를, 피해자 H에게 약 2주간의 치료를 요하는 무릎뼈인대의 손상 등을 각각 입게 하였다.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Each written diagnosis;

1. Application of the practical survey report, field photographs statutes;

1. Criminal facts;

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