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(영문) 대구지방법원 2020.08.20 2019고단3291

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On August 13, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Daegu District Court on August 13, 2008, and was issued a summary order of three million won for the same crime at the same court on July 17, 2013.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a B rocketing motor vehicle.

On April 22, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.167% at around 22:10 on April 22, 2019, and led the first-lane road in front of Daegu Dong-gu C to the Daegu-gu Nerogate.

Since the location is near the intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front and rear side well and accurately operating the steering and steering gear, and by checking whether there is a motor vehicle stopping for the signal waiting.

Nevertheless, while the Defendant was under the influence of alcohol and proceeded as it is, the Defendant shocked the back part of the victim D(the age of 23) driving, which was stopped for the signal atmosphere.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of treatment.

2. Around 22:10 on April 22, 2019, the Defendant driven B rocketing car with the blood alcohol concentration of about 0.167% from the 1km section from the Daegu East-gu New Cancer to the same road in front of the Gu C.

Summary of Evidence

1. For previous records as indicated in the judgment, a written statement prepared by the defendant in his/her legal statement, a traffic accident report, a actual condition survey report on the state of his/her standing and statement: Criminal history records, inquiry, summary order attached to a criminal investigation report, and application of statutes of the judgment;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.