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(영문) 대구지방법원 서부지원 2019.06.05 2019고단210
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a Grandland car;

Around 04:05 on January 1, 2019, the Defendant was under the influence of alcohol of 0.159% with blood alcohol concentration. On the other hand, the Defendant driven the said car along five lanes prior to “D” in Daegu Western-gu, along five-lanes from the string distance to the reduction three-lane, while driving the five-lane road prior to “D” in the Daegu Western-gu, Daegu-gu, along with five-lane. On the other hand, the Defendant’s back end of the victim E(35 years old)’s driving that was stopped at the front line of the horse at the time, without sufficiently examining the situation of the front line, led to the Defendant’s collision with the front part of the Defendant’s vehicle.

As above, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as “influoral salt and tension,” which requires two-month medical treatment, from the victim E, and from the victim G, such as “influoral salt,” which requires two-month medical treatment.

2. On January 1, 2019, the Defendant driven a Grand Car in the 2km section of approximately 0.159% of alcohol level from the 3km-gu, Seogu, Seogu, Seogu, Seoul to the roads in front of the said D’D, while under the influence of alcohol level of about 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Each written diagnosis;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Trade name;

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