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(영문) 대구지방법원 2020.05.20 2019고단6276
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2019, the Defendant received a summary order of KRW 4 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

1. On October 15, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least once. However, on October 15, 2019, at around 05:25:25, the Defendant driven Erocketing car under the influence of alcohol with approximately 0.180% of blood alcohol concentration without obtaining a driving license from the parking lot C to the front road of D, while under the influence of alcohol at least 0.180%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said car while under the influence of alcohol by 0.180% at the time set forth in paragraph 1, and led the said car to the water-passing area from the two lane distance 4 lanes in front of Daegu hydro-gu, according to the six-lane road.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front 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 that, while driving, sent a signal before the direction of running the Defendant’s car, and stopped the victim FF (the age of 64) while driving the G K7 taxi, and received the part behind the Defendant’s vehicle’s front part.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, such as salt pans, tensions, etc. in need of treatment for about two weeks, and injury to the victim H (V, 42 years old), who is the passenger of the said taxi, for about two weeks, such as light drums, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on the occurrence of a traffic accident and a actual survey report;

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