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(영문) 대구지방법원경주지원 2020.12.09 2020고단421

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 18, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) around 22:20 on January 7, 2020, the Defendant driven the said car under the influence of alcohol of 17-6, 28-No. 17-6, and 0.167% of blood alcohol concentration on the street at the intersection of the national housing-based 28, YU-si, Yellow Tri-si, and driven the said car along the two-lanes of the two-lanes of the two-lanes of the road from the remote distance of East T

Since there is a two-lane intersection, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was negligent and proceeded with the vehicle running along the two-lanes of the Victim C (Nam, 30 years old) driving in accordance with two-lanes of the same direction. The Defendant was able to take the front side of the said rocketing car into the right side of the said rocketing car, and the Defendant continued to stop driving the said rocketing car, even though the victim was able to take the front side of the said rocketing car, leading the victim to a distance of about 10 meters.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the right leg, the right leg, and the salt leg requiring a medical treatment for about one week.

2. The Defendant violated the Road Traffic Act (driving) driving the said rocketing car in the state of being drunk with a blood alcohol concentration of about 0.167% from the 2km section of approximately 2km in front of the F cafeteria at the time and in the front of the H school located at the racing-si. G from the date and time set forth in paragraph 1 to the front of the H school located at the racing-si.

In this respect.