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(영문) 대구지방법원 2020.10.13 2020고단3839

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2015, the Defendant was sentenced to a fine of KRW 3 million by the Daegu District Court for a violation of the Road Traffic Act.

【Criminal Facts】

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 automobiles B;

On May 2, 2020, the Defendant driven the said vehicle under the influence of alcohol of 0.221% with a blood alcohol concentration of 0.221% on May 22, 2020, and driven the said vehicle at a two-lane high level from the two parallels along the two parallels, according to the Newcheon in 1617-1, Nam-gu, Daegu-gu.

At the time, it was at night and at a high level, so in such a case, there was a duty of care to prevent the occurrence of an accident in advance by properly operating the steering gear and steering system under the influence of alcohol and operating the steering gear and steering system in a safe manner without the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (Nam, 52 years old) who was driving in front of the Defendant at the front of the said vehicle when he neglected to do so and was negligent, and was driven by the Defendant in front of the said vehicle.

Ultimately, 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 C, such as light salt, tension, etc. which requires a two-day medical treatment, and the victim E (the 52-year old-age-old person) who boarded the damaged vehicle for about two weeks, such as light salt, tension, etc.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle at the section of about 11 km from the 11km section to the place specified in paragraph (1) on the road in Daegu-gu, Daegu-gu. The Defendant driven a motor vehicle with the highest alcohol level specified in paragraph (1) while under the influence of alcohol for about 0.221%.

Accordingly, the defendant is prohibited from drinking twice or more.