(영문) 대구지방법원 2019.06.13 2019고단444

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(영문) 대구지방법원 2019.06.13 2019고단444

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 passenger car in B.

On December 29, 2018, the Defendant driven the said car while under the influence of alcohol 0.185% of alcohol level around 22:50 on December 29, 2018, and continued to drive the vehicle in front of the Daegu Northern-gu Incheon Metropolitan City.

There is a duty of care to keep the car driving in the same direction as the other automobiles in line with the first line, and to prevent the accident by driving the car in the same direction as the other automobiles.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in the direction of the new thousand direction, while normally driving the vehicle in the direction of the new thousand direction, and the part on the right side of the victim C(the age of 47) who discovered and stopped the Defendant, was shocked with the part on the right side of the Defendant’s vehicle in front of the right side.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as salt ties, tensions, etc. in need of treatment for about two weeks, and suffered injury to the victim E (the 58 years old), who is a passenger of the rocketing and other vehicles, for about two weeks of treatment.

2. Around 22:50 on December 29, 2018, the Defendant driven a B SP vehicle under the influence of alcohol with a maximum of about 4 km section from around the F market near Daegu Northern-gu to the roads near the Macheon-ro in the same Gu, from around 0.185% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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