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(영문) 대구지방법원 서부지원 2020.05.20 2019고단3272

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

On January 23, 2018, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on January 23, 2018.

The Defendant is a person engaging in driving a rocketing car.

On September 11, 2019, the Defendant driven the said car under the influence of alcohol of 0.113% with blood alcohol concentration around 11:56, and led the said car to proceed to the direction of the said C Apartment Foldong in the direction of the Daegu Western-gu C Apartment Ddong.

Since a large number of vehicles were parked on the side of the road, the driver of the vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to prevent the accident by driving the steering system and the right and the right and the right well.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was parked on the right side of the vehicle of the victim G (the age of 45) who was parked on the right side of the vehicle due to the negligence of driving without properly operating the steering gear, etc., and received the part on the left back of the vehicle of the Defendant.

After all, the Defendant driven a drinking motor vehicle on more than two occasions, while driving the motor vehicle in a situation where it is difficult to drive the motor vehicle normally due to influence of drinking, and the Defendant suffered injury, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment.

The Defendant, at around 07:00 on November 29, 2019, driven a B rocketing car from around 10km to the first road of the Daegu Northern-gu, Daegu-gu, Seoul-gu, and around 13:40 on the same day from around 13:40 on the same day to the front road of the same J.

Summary of Evidence

"2019 Highest 3272"

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver;

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