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(영문) 대구지방법원 2020.11.25 2020고단2731

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2017, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

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

On April 1, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.126% of blood alcohol level on April 1, 2020, and driven the road of four lanes in front of the D in Daegu Northern-gu C along the four-lanes from 1,000 to 2,000.

At the time, there are night and the four-lanes of roads are narrow to three-lanes, so in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and the steering gear under the influence of alcohol and operating it safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the front and operation of the brake system, and the Defendant was found to have been in front of the foregoing vehicle driving by the Defendant, who was parked in the front direction of the Defendant’s running.

Ultimately, the Defendant suffered injury to the victim H (V, 25 years of age) who was driven by the Defendant while driving the said vehicle in a situation where normal driving is difficult due to influence of drinking, such as the right-hand sponsorging the right-hand bed, which requires medical treatment for about 10 weeks, and injury to I (V, 2 years of age) who was accompanied by the same vehicle, such as the closing and cutting of the bones of clothes that require medical treatment for about 6 weeks.

2. The Defendant violates the Road Traffic Act (driving) from the ground parking lot front of J apartment-dong, J apartment-dong, Daegu, to the place specified in paragraph 1.