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(영문) 대구지방법원 상주지원 2019.08.20 2019고단108

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 18, 2008, the Defendant was issued a summary order of 2.5 million won of fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, and a summary order of 3.5 million won of fine for a violation of the Road Traffic Act (driving on July 6, 201) at the Ansan Branch of the Suwon District Court.

【Criminal Facts】

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On November 25, 2018, the Defendant driven the above cargo while under the influence of alcohol of 0.142% with a blood alcohol concentration around 17:15, and proceeded with the local highway No. 32 located in 159-2 in the ambi-si, the ambi-si, the ambi-si, the ambi-si, the ambi-si, the ambropi-type office.

At this point, since there is a one-lane road in which the center line of yellow solid lines is installed, there was a duty of care to see the front line for those engaged in driving of motor vehicles and safely proceed within their own lanes.

Moreover, the Defendant was in difficult to drive normally due to the influence of drinking, such as ina state of incorrectness, that is, on the face of the wind of drinking one disease per week immediately before driving on the same day and having a normal conversation difficult.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 중앙선을 침범하여 그대로 진행한 과실로, 때마침 맞은편 차로에서 오던 피해자 C(55세) 운전의 D 포터 화물차의 좌측 전면 부분을 위 봉고 화물차의 좌측 전면 부분으로 들이받고, 그 충격으로 튕겨져 나간 위 포터 화물차로 하여금 도로 가장자리에 있던 가로수를 들이받게 하였다.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol at least twice again while driving the motor vehicle, etc., and caused the victim to suffer injury, such as “alley flasing the mouth, including trees,” which requires approximately 16 weeks medical treatment.

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