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(영문) 대구지방법원김천지원 2020.10.22 2020고단856
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 engaged in driving B K7 automobiles

On April 15, 2020, at around 05:30, the Defendant driven the above K7-lane with the blood alcohol concentration of 0.14%, and led to the two-lane road in the front of the D in the old city C in the E-U.S., along the E-U.S. room from the E-U.S. room to the F apartment room.

At this point, there is a center line of the yellow-ray, and the low-speed car of the victim G (ma, 47 years old) driving is proceeding along one lane in the bend place, so in such a case, there was a duty of care for the driver of the vehicle to thoroughly operate the car in front and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving beyond the central line and received the front portion of the above KS7 vehicle's left-hand side by negligence.

As a result, the Defendant driven the above K7 car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. of the trend that requires approximately two weeks of medical treatment to the victim.

2. Violation of the Road Traffic Act (LA) the Defendant driven a B K7 vehicle while under the influence of alcohol of about 0.144% of the blood alcohol concentration at the section of about 3 km from the J J Ha located in Gui-si I at the same time and at the front of D located in the same city as the previous paragraph of the same Article.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, report on the occurrence of traffic accidents (related to the confirmation of the circumstances of accidents, etc.), report on the closure of ct video images for crime prevention, report on the circumstantial statement of the driver, and diagnosis report on the result of crackdown on drinking drivers;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 16922, Feb. 4, 2020) for which the choice of punishment was made.

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