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(영문) 대구지방법원 경주지원 2019.02.21 2018고단746
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 B lowest

On October 26, 2018, the Defendant, at around 16:40 on October 26, 2018, driven the said car in a state where it is inaccurate that it was under the influence of alcohol with 0.224% alcohol concentration, and it is difficult to drive it normally, such as red, while driving the said car and driving the front road of the racing C at a non speed.

In such cases, there was a duty of care to prevent accidents in advance by driving safely, such as thorough operation of the vehicle driving service and accurate operation of steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s negligence to the part of the backer part of the driver’s seat of the car of the victim D(W, 34 years old) who was under the stop of the vehicle.

After all, the Defendant, while driving a car in a situation where normal driving is difficult due to influence of alcohol, suffered injury to the victim D (the 34 years old), who is the driver of the said car, due to the driver of the said car, for about two weeks of medical treatment, and suffered injury to the victim F (the 60 years old), who is the same passenger, for about two weeks of medical treatment.

2. Around 16:40 on October 26, 2018, the Defendant driven the said low-speed car while under the influence of alcohol with a blood alcohol concentration of 0.224% at the section of about 20 meters prior to C at the time of racing, around October 26, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. On-site photographs;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Investigation report (verification of the same kind of drinking driving power), - Summary Order and application of each of the statutes applicable to each of the judgment;

1. The Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes committed on December 18, 2018, respectively, applicable to the relevant criminal facts.

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