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(영문) 대구지방법원 서부지원 2019.06.26 2018고단2817
특정범죄가중처벌등에관한법률위반(위험운전치상)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;

On September 18, 2018, while under the influence of alcohol 02:45, the Defendant driven the said car with a blood alcohol concentration of 0.22% and driven the front road of the D Bank located in Daegu Seogu Seo-gu, Seo-gu, at a speed of about 30 to 40 kilometers per hour from the defrithal distance outflow.

At the time of night, the driver had a duty of care to safely operate the steering system by accurately operating the steering gear and steering the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s failure to stop at the front direction of the Defendant’s driving, and the part concerning the back of the victim E (the age of 63) who was under the influence of the signal stop was under the front part of the driver’s driving of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s acute fluoral fluoral fluorum in need of treatment for about two weeks.

2. While under the influence of alcohol with 0.22% of the blood alcohol concentration on the date and time set forth in the preceding paragraph, the Defendant was driving a B-benz car at a section of approximately 300 meters from the front of a restaurant of “H” located in the Daegu Seo-gu G to the front of the bank located in the Daegu Seo-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to E by the police;

1. The actual condition of traffic accidents (1, 2);

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and the former Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is selected

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