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(영문) 대구지방법원 2020.10.15 2020고단3881
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

At around 11:50 on June 1, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.148%, and led D in Daegu-gu C back to F from the direction of E.

Since there is no center line, it is the side of a house with no center line, in such a case, there was a duty of care to prevent accidents in advance by properly operating the steering gear and brakes while under the influence of alcohol to those engaged in driving of motor vehicles.

Nevertheless, the Defendant was under the influence of alcohol and was in front of the left side of the vehicle driven by the Defendant by the victim G (Nam, 35 years old) who was under the right-hand stop at the rear side of the Defendant’s vehicle at the time when he neglected to do so, and was driven by the Defendant.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim G, such as climatic salt, tension, etc. in need of a medical treatment for about two weeks, and injury to the victim I (Nam, 38 years of age) who was on board the damaged vehicle for about two weeks, such as climatic salt, tension, etc.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle at a level of about 80 meters from the public parking lot in Daegu-gu to the place specified in paragraph (1) of this Article, under the influence of alcohol level of about 0.148%, while under the influence of alcohol level of about 80 meters from the public parking lot in Daegu-gu to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;

1. Each medical certificate, on-site photographs, and related photographs;

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