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(영문) 대구지방법원 상주지원 2020.07.22 2020고단58
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 engaged in driving cars BM3

At around 00:20 on November 21, 2019, the Defendant driven the said vehicle to the extent of 0.095% of alcohol content in blood, and went to the speed of approximately 50km/h from the area of the city where the vehicle was permanently located at the time of residing, to the area of the farm road at the speed of about 50km/h from the area of the city where the vehicle was located at the time of staying.

At the time, it was night, and it was a single farm, so a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by keeping the road situation well and safely.

Nevertheless, the defendant, while under the influence of alcohol, failed to drive the road properly, and went away from the road due to negligence, and the driver's car of the defendant who left the road was removed from the road below the road and returned to the road.

As a result, the Defendant suffered, from the victim E (V, 26 years old), who was on board the vehicle due to negligence in the course of driving under the influence of alcohol, the victim E (V, 26 years old), the victim F (V, 42 years old) with no open room for treatment for about 2 weeks, such as climatic salt and tension in need of treatment for about 2 weeks, the victim G (V, 27 years old) with an open room for treatment for about 2 weeks, and the victim H (V, South and 35 years old) with approximately 2 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a BM3 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.095% from the section of about 14 km from the J, which was located in I at the time of temporary stay in the road set forth in paragraph 1, to the deaf-ro road, after the D in paragraph 1 of the same Article, located in I at the time of temporary stay.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The occurrence of a traffic accident;

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