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(영문) 대구지방법원 2019.10.23 2019고단4753

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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

Reasons

Punishment of the crime

On July 11, 2014, the defendant was notified of a summary order of a fine of one million won for the violation of the Road Traffic Act in the Seogu District Court's branch court on July 11, 2014.

1. Although the Defendant violated the provisions of the Road Traffic Act not less than once, on August 6, 2019, the Defendant driven a FS-type car under the influence of alcohol concentration of about 0.142% at a distance of about 400 meters from the public parking lot adjoining to the C Safety Center located in Daegu-gu, Daegu-gu, Seoul to the roads front of the E store located in D, even though the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol at least once.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven a motor vehicle with blood alcohol concentration of 0.142% at the time stated in Paragraph 1, and driven the said motor vehicle in front of the E store located in Daegu Jung-gu, Daegu-gu at a speed of about 30-40 km per hour among the five-lanes at a speed of about 30-40 km.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and was negligent in driving the Defendant’s vehicle prior to the direction of running the Defendant’s vehicle G (30 years old) driving, and the part of the Defendant’s vehicle was followed by the Defendant’s vehicle’s front part.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, sustained injuries such as light dynasium and tensions in need of approximately two weeks to the victim G (30 years of age), sustained injuries such as light dynasium and tensions in need of treatment to the victim I (26 years of age) who is the passenger of the said Lone Star car, and suffered injuries such as light dynasiums in need of treatment for about two weeks to the victim J (21 years of age).