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(영문) 대구지방법원 김천지원 2019.01.15 2018고단1125
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 4, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 3.5 million for the same crime in the same court on January 15, 2013, respectively.

【Criminal Facts】

1. Violation of the Road Traffic Act (driving) by the Defendant, even though he/she had past record of violating the provision on prohibition of drinking under the influence of alcohol twice or more, CB around July 24, 2018

From the front of the main point to the front of the Kumi-si Dom, the Eco-sports cargo vehicle was driven with approximately 2 km alcohol concentration of about 0.182%, while under the influence of alcohol from the front of the main point to the front of the Kumi-si.

2. The defendant is a person who is engaged in driving of Eco-sports cargo cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant, under the influence of alcohol as stated in paragraph (1), driven the foregoing freight vehicle in such a state that it is difficult to drive normally, such as red-lighting in face and unscepting distance, and led the front three-dimensional distance of the D apartment to the three-dimensional distance of D apartment from the front intersection.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the brake system, and safely driving the driver's prior to the front, rear and left.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the Defendant’s cargo vehicle, thereby being driven by the Victim F (28 years old) who was in the atmosphere of the signal at the front of the vehicle in front of the Defendant’s cargo vehicle.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking, sustained injury such as the victim F, the victim H (the age of 27), and I (the age of 1) who was on board the above cargo vehicle, respectively, for about a week medical treatment.

Summary of Evidence

1. The defendant;

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