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(영문) 대구지방법원경주지원 2020.09.16 2020고단287

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 5, 2014, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On March 18, 2020, the Defendant, at around 06:00, driven the said car with the alcohol concentration of 0.103% which is difficult to drive normally while under the influence of alcohol, and driven the said car at the time of racing C, the front three distance was driven by two lanes from the front of the racing.

There are three-distance crossings where signal lights are installed, and the FSS5 car driven by the victim E (Nam, 34 years old) was stopped in the signal atmosphere. In such a case, there was a duty of care to prevent accidents in advance by safely driving a vehicle, such as reducing speed, reducing the right and the left and right of the vehicle, accurately operating the steering system and brake system.

Nevertheless, the Defendant was under the influence of alcohol so that it is difficult to drive a car normally due to the influence of alcohol to the extent that the Defendant is under the influence of alcohol, which is in an incorrect and inaccurate manner, and that the Defendant was in the front part of the above SM5 car operated by the victim due to negligence in the course of business.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

2. Violation of the Road Traffic Act (LA) was driven by the Defendant in the state of being under the influence of alcohol of about 0.103% of the blood alcohol concentration at the section of approximately 2.5 km from the front of the H restaurant in G at the time, racing, the date and time set forth in paragraph (1) to the front of the D in the same city.

This is the defendant.