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(영문) 창원지방법원 2019.10.30 2019고단1618

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 9, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by committing a violation of the Road Traffic Act (driving) at the Changwon District Court on July 9, 2013. On April 21, 2017, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime in the same court on April 21, 2017, and the said judgment became final and conclusive on

【Criminal Facts】

1. Around 14:41 on April 26, 2019, the Defendant violated the provision on prohibition of drunk driving by driving a DNA II cargo vehicle under the influence of alcohol 0.251% from the 2km section from the Do near the cross-insecter in the window B of Changwon-si to the same road adjacent to the same Gu C at the same time.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DPoter) is a person engaged in driving a Dpoter II cargo vehicle.

The Defendant, while driving the above cargo vehicle at the time specified in the preceding paragraph, was driving the road near C of Changwon-si, facing the road from E to F.

There have been one-lane road in which the center line of yellow-ray is installed. In such a case, there was a duty of care to prevent accidents, such as those who are engaged in driving of a motor vehicle, who live well on the front side and the left side, and safely drive the motor vehicle by observing the tea line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said cargo while driving the said cargo at a straight-line, and was driven by the injured Party G (V, 57 years old) who was driving the said cargo at a mast-line, in front of the left-hand side of the said cargo vehicle driven by the Defendant.

Accordingly, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to the influence of alcohol, has caused the injury to the victim G, such as salt, tension, etc., which requires two-day medical treatment due to the above occupational negligence, and the victim I (34 years old).