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(영문) 대구지방법원 상주지원 2020.04.08 2019고단404

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On October 30, 2006, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on December 15, 2016, the Defendant was sentenced to a fine of four million won for the same crime at the same court.

【Criminal Facts】

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

On October 22, 2019, the Defendant driven the foregoing cargo vehicle with a blood alcohol content of 0.132% at around 13:05, while driving it, and driving the said cargo vehicle with a capacity of 0.132% at around 0.132%, the Defendant was proceeding one lane in front of the “Dricheon-gun Oil Station” located in Tocheon-gun C with a “Ycheon-Eup” bank.

At the same time, prior to the FO of the victim E driving, there was a duty of care to see the right and the right of the driver of the vehicle as well as to maintain the safety distance with the prior vehicle and to proceed safely.

Nevertheless, the Defendant neglected to do so under the influence of normal walking and conversation to the extent that it is difficult for the Defendant, and neglected to do so, and neglected to pass beyond the central line, received the left-hand part of the above Otobane as the chief part of the above cargo vehicle, and caused the victim to go beyond the road.

As a result, the Defendant suffered injury, such as “brain sugar without any wife in the heating two parts,” which requires a medical treatment for about three weeks by negligence on the part of the Defendant, when normal driving is difficult due to influence of drinking.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said cargo vehicle under the influence of alcohol by 0.132% at the section of approximately 2 km and 0.132% of alcohol concentration in front of the “Driju station” in the same group C on the roads of the “Huser” located in Bocheon-gun G on the same day.

Accordingly, the Defendant driven a motor vehicle in a drunken state not less than twice.

(i) the evidence;