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(영문) 대구지방법원 의성지원 2019.03.28 2019고단25

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a cargo vehicle B1 ton of a cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 20, 2018, at around 15:45, the Defendant driven the foregoing cargo with a degree of 0.321% alcohol level, which is difficult to normally operate, and led to the flow of Do road No. 3 and 79 from the new rithal bank to the luthal bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the victim D (the age of 57) driving the KS7 car, which was driven by the e-car from the e-car of the e-car of the e-car of the e-car of the e-car of the e-car, without examining the right side of the e-car and the front side of the e-car

In the end, the Defendant, while under the influence of alcohol, was unable to drive normally, suffered from the victim's multiple diversative typology, which requires approximately three weeks of medical treatment due to the above occupational negligence.

2. On March 31, 2014, the Defendant received a summary order of KRW 3 million with a fine of KRW 1.5 million for the same crime from the vice branch of the Daegu District Court on September 24, 2008, and the summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime, respectively, in the case of the sex support of the Daegu District Court on March 31, 2014.

Although the Defendant had had a history of drinking twice or more as above, on November 20, 2018, at around 15:45, the Defendant driven G Poter cargo at approximately 100 meters from the front of the G G G Poter, the blood alcohol concentration of which is 0.321%, from around 100 meters to the front of C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on the occurrence of traffic accidents, actual condition survey reports and field photographs, and report on the circumstantial statements of a host driver;