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(영문) 대구지방법원 안동지원 2021.01.13 2020고단450
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 6, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.114% in blood around 23:05, while driving the said vehicle, and was driving on the road near the National Highway No. 1, 34 in Andong-si, Andong-si, the underground roadway near the National Highway No. 1, 34 in Andong-si, Andong-dong bus terminal.

At the time, the underground roadway at night and at a place where the center is installed, and in this case, the driver of the vehicle has a duty of care to accurately check the access road to the underground roadway, drive it to the right side of the center line, and to accurately operate the steering direction and brake system after well-blicking it.

Nevertheless, the Defendant neglected to drive under the circumstances where it is difficult to drive under the influence of alcohol, by driving on the left-hand side of the road where the walking is big and central separation is installed, and due to negligence, the Defendant’s failure to drive it on the right-hand side of the victim C(40 years old) who was normally proceeding on the first-lane of the above road, and shocked into the right-hand side of the front-hand part of the above SM5 car.

As a result, the Defendant suffered injury to the victim C, such as an escape certificate, which requires approximately four weeks of medical treatment due to negligence in the course of driving the said vehicle in a situation where normal driving is difficult due to influence of drinking, and injury to the victim E (38 years of age) who is the passenger of the victimized vehicle, such as brain spathy which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a BM5 vehicle under the influence of alcohol level of about 0.114% in the section of approximately 8km from the G restaurant front of the G restaurant located in Ansan-si in the city of Ansan-si at the time of the foregoing paragraph 1 to the underground vehicular road near the IC, Ansan-si National Highway No. 1, No. 34 of the Dong-dong National Road of approximately 1, 34 meters.

b)a summary of the evidence;

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