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(영문) 대구지방법원 상주지원 2019.06.11 2019고단4

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving cargo vehicles B.

On October 21, 2018, the Defendant, at around 19:50 on October 21, 2018, driven the foregoing cargo vehicle with a low blood alcohol level of 0.124% and left C, and left C, the front road, from the same sponsing side to D, at the same time.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to properly see the front side and the left side, accurately operate the steering and brakes, and verify the safety of the steering and brakes, and prevent accidents from occurring.

Nevertheless, the Defendant, by negligence, neglected to do so while under the influence of alcohol and neglected to do so, conflict with the part concerning the back of the driver's vehicle of the victim E (E, 54 years old) driving, which stops on the right-hand side of the running direction, with the front part of the accident vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E (Nam, 54 years of age) to the victim NOS, and the injury to the victim G (Seoul and 54 years of age) that requires approximately two weeks of treatment period of approximately two weeks, respectively.

B. On October 21, 2018, the Defendant violated the Road Traffic Act (driving a sound driving) driven B-wing truck under the influence of alcohol by 0.124% with a blood alcohol concentration of about 2km from the 2km section from the 19:50 to the 3rd road at the time of permanent residence of the Defendant’s Ha on October 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) as to the crime under the corresponding provision of the relevant Act, and Article 148-2 of the Road Traffic Act.