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(영문) 대구지방법원 상주지원 2019.08.20 2019고단176

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 14, 2009, the Defendant was issued a summary order of KRW 1.6 million for the crime of violating the Road Traffic Act in the Youngju District Court’s Yeongdeungpo-dong branch, and a summary order of KRW 1.5 million for the same crime in the Daegu District Court’s resident support on March 6, 2015, respectively.

【Criminal Facts】

The Defendant is a person who is engaged in driving freight B and B.

On March 30, 2019, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of 0.188% with a blood alcohol concentration of 0.16:30% on March 30, 2019, and was proceeding along with a one-lane road, which is located in the f66-2 of the Maternal Dong-ri, the Maternal Dong-ri, a mobile road, along with a new Tricheon-distance, from the C’s bank.

At the same time, the bicycle of the victim D(86 years old) driver had the duty of care to keep the safety distance with the preceding vehicle and drive it safely. In such a case, the driver of the vehicle had the duty of care to keep the safety distance with the preceding vehicle.

Furthermore, the Defendant was in difficult condition to drive normally due to influence of drinking, such as drinking, such as drinking two diseases immediately before driving the same day, and driving the motor vehicle properly, to the extent that it is difficult to walk properly, and in an incorrect manner to the extent that normal dialogue is difficult.

Nevertheless, under the influence of alcohol, the Defendant got the victim to go beyond the road with the rear part of the above bicycle as the front part of the above cargo vehicle by negligence while neglecting it.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol more than twice, driven the motor vehicle again under the influence of alcohol, and caused the victim by negligence in the course of performing such duties to suffer injury, such as “damage of chest-dong beer and traumaed beeral beer,” which requires treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Police Statements of E: 1.

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