(영문) 대구지방법원경주지원 2020.10.28 2020고단322

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원경주지원 2020.10.28 2020고단322

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 27, 2020, the Defendant was driving a DNA Ⅱ truck with a blood alcohol content of 0.169% under the influence of alcohol while under the influence of alcohol, from the road near the Eastern-dong V-si, Sim-si to the road in front of the C school located in the racing-si, the Defendant was driving a D Ⅱ truck with a blood alcohol content of 0.169%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaged in driving Category D Ⅱ cargo vehicles.

On March 27, 2020, at around 21:05, the Defendant driven the above cargo on the road in front of the C School, which is located in the C School B, and continued to run from the front side of the C School to the front side of the C School.

At this point, there is a road be a one-lane of the two-lanes where a traffic island is installed with the center line of yellow-ray, so the Defendant, who is engaged in driving the freight, has a duty of care to avoid harming the center line by emphasizing the right and the right and the right, and accurately manipulating the steering gear and the brakes, thereby accurately manipulating the steering gear and the brakes.

Nevertheless, while the Defendant is under the influence of alcohol with a 0.169% alcohol concentration such as influoring, walking, red, etc., while driving the said vehicle, the Defendant was faced with the center line and separate traffic island and proceeded to the opposite direction of the Defendant in the opposite direction of the victim E(55 years old) driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as a multi-lateral typology, which requires treatment for about four weeks.

Summary of Evidence

1. The notification of the defendant's legal statement, the result of crackdown on drinking driving, and the application of Acts and subordinate statutes to report the occurrence of traffic accidents;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Selection of Punishment, etc.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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