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(영문) 대구지방법원 2020.12.22 2020고단5463
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

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 B-learning automobiles.

On October 5, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.208% of blood alcohol level around 07:35, and led to the two-lane road in front of the Gyeongsan City in the border of North Korea, in a direct direction from the pressure and four-lane distance to the Jam-Eup.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering steering steering devices and brakes while under the influence of alcohol.

Nevertheless, when the defendant is under the influence of alcohol and is negligent in proceeding as it is, the defendant was driven by the victim D (W, 56 years old) who was in the atmosphere of the signal at the front direction of the defendant's running, and the part behind the E-Wur-Wur-Wur-Wur-Wed vehicle driven by the defendant, and the above A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed vehicle was pushed by the victim F (W, South, and 34 years old) who was in the atmosphere of the signal at the front direction of the above A-Wur-Wur-Wed vehicle.

After all, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as brain-dead sugar, which has no head open in need of treatment for about two weeks, and injury to the victim F, such as dump dume, tension, tension, etc. which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the section of about 2 km from a public parking lot located in the 632 km-dong, Sinsan-si, Sinsan-si, to the place indicated in paragraph 1, driving a motor vehicle for learning as stated in paragraph 1 while under the influence of alcohol with a degree of about 0.208% in blood alcohol level.

Summary of Evidence

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