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(영문) 대구지방법원 경주지원 2020.02.19 2019고단349
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2019, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for the crime of obstruction of performance of official duties in Daegu District Court racing support on May 2, 2019, and the said judgment became final and conclusive on May 10, 2019 and is currently under suspension

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) and the Defendant is a person engaging in driving a B rocketing siren car;

On September 28, 2018, around 21:13, the Defendant driven the said car with a blood alcohol concentration of 0.134% under the influence of alcohol on the front of the C Apartment at the time of racing, and led it to the E-section from D.

Since there was a two-lane road in front of an apartment, there was a lot of vehicles standing on the road, so the driver has a duty of care to safely drive the road by checking it well.

Nevertheless, the Defendant’s negligence by neglecting the duty of an all-time care in a situation where normal driving is difficult due to the above influence of drinking, which led to the Defendant’s failure to perform his duty of care in a situation where normal driving is difficult, and caused the Victim F (Age 44) who was parked in the two-lane, to be the front part of the Defendant’s driving vehicle.

As a result, the Defendant, while driving in a state where normal driving is difficult due to the influence of alcohol, sustained the injury of the victim FF, the victim H (n, the 44 years old), and I (n, the 15 years old), and damaged the victim J (the 13 years old) by causing about two-day medical treatment, resulting in the injury of the crypitis that requires approximately two-day medical treatment, and the injury of the victim K (the 15 years old) by causing about two-day medical treatment, and at the same time, damaged the said cchip sports cargo amounting to KRW 5,065,742.

2. The Defendant, at the time and place specified in Paragraph 1, driven the said rocketing car while under the influence of alcohol of about 0.134% in blood alcohol concentration through approximately 2 km.

3...

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