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(영문) 대구지방법원 2020.11.25 2020고단2895
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B-learning passenger

On May 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.152% 0.15% on May 17, 2020, while driving the said car, and driving the D front road located in Daegu Northern-gu C, Daegu, at a 3-lane distance flooding from the high-speed distance flooding from the high-speed distance gate to the north-gu, Daegu, the Defendant driven the vehicle at an aesthetic speed along the five-lanes.

In this case, a driver of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant was negligent in neglecting the duty of care at the front time of driving under the influence of alcohol such as above, and received the back portion of the F-learning Motor Vehicle driven by the victim E (the age of 26) who was standing in the front direction of the Defendant’s driving, as the front part of the above vehicle driven by the Defendant.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as climatic salt and tensions that require approximately two weeks of medical treatment, and the injury to the victim G (ma, 26 years of age) who was accompanied by the damaged vehicle, such as climatic salt, tension, etc. for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the 2km section from the roads adjacent to the New World Daegu Intermodal Transfer Center located in Daegu-gu 149, Daegu-gu, 149, to the front roads in Daegu-gu, the Defendant driven the B-learning car under the influence of alcohol by 0.152% of alcohol concentration from the 2km section to the roads adjacent to D-gu, Daegu-gu.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police statement E by the defendant's legal statement of the police statement, the scene photograph of the accident, the survey report on the actual condition of the driver's statement, and the report on the actual condition of the drinking driving control; and

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Criminal Act.

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