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(영문) 대구지방법원 2020.02.18 2019고단6570

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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 29, 2010, the Defendant was issued a summary order of KRW 4 million by the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the Daegu District Court on July 24, 2015.

【Criminal Facts】

1. Although the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol one or more times as above, the Defendant: (a) from around 22:00 on November 3, 2019, around 7km-si B apartment on the roads front of Busan Metropolitan City to the roads front of the 247 Kancheon-si, Youngcheon-si, the Defendant driven a car under the influence of alcohol level of 0.161% from the 7km section to the roads front of the 247 Kancheon-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said car under the influence of alcohol concentration of 0.161% at the time and time set forth in paragraph (1) and led the road of the first line in front of Yongcheon-si to the non-fluence of the Yeongdeungpo-si Police Station.

Before the same direction, since the passenger car of the victim E (ma, 47 years old) was a stop, there was a duty of care to prevent accidents by thoroughly operating the front-time week and operating the brake accurately.

Nevertheless, the Defendant, who was under the influence of alcohol and failed to properly operate the operation of the operation system, was parked in the part of the victim E's back of the above vehicle.

As a result, the Defendant, while driving a car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim E, such as satisf and tension, and the Defendant suffered injury to the victim G (V, 43 years old) who is a passenger with the above satisf and tension for about two weeks.