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(영문) 대전지방법원 논산지원 2020.06.16 2020고단84
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On May 23, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of the Daejeon District Court on May 23, 2008. On February 27, 2014, the Defendant was sentenced to a summary order of 3 million won by the same court as the same crime.

On December 20, 2019, the Defendant driven an Ecom-sports cargo vehicle from the C funeral hall parking lot in Eansan-si B to D in the same city, in a state of alcohol of 0.109% of alcohol content on December 20, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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

On December 20, 2019, at around 23:55, the Defendant driven the above cargo while under the influence of alcohol with 0.109% of alcohol concentration, and driven the road prior to the front of the fire-fighting distance range in the field of the fire-fighting distance.

Since there are two roads, they are installed a cost of separation, and they are the opposite direction respectively based on the separation zone, the defendant engaged in driving service has a duty of care to confirm the direction of passage and proceed in a normal direction.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and was negligent in proceeding in the opposite direction, and received the part on the left-hand side of the said cargo vehicle from the victim F (the 62-year-old taxi) driving while normally proceeding on the surface of fire-fighting distance.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of F. F. The statement

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