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(영문) 대구지방법원 2019.11.21 2019고단3128
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On March 29, 2019, the Defendant driven the above cargo while under the influence of 0.127% of blood alcohol level around 23:30 on March 29, 2019, and led to the flow of the street in the vicinity of the intersection between South and North Korea as the seat of the tin-Eup in the boundary of the 1st intersection in the middle of the intersection.

At the time of night, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes, etc., while living well on the front side and the left side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while driving while neglecting it, found the victim C(34 years of age) who was parked in the front direction of the cargo vehicle of the Defendant, due to the negligence of finding the victim C(34 years of age)'s driver car at the latest, brought the part behind the left side of the victim's vehicle and brought the part of the driver's vehicle to the front side of the right side of the Defendant's cargo vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. On January 2, 2012, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Yongsan Branch Branch, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court's Masan Branch, Kimcheon Branch on May 17, 2017, respectively.

On March 29, 2019, at around 23:30, the Defendant driven B cargo without obtaining a driver's license in the state of alcohol alcohol concentration of about 10km from the front of the bus stops in the Pacific-gun, Pacific-si, Pacific-si, and the front road of the same Doan-Eup in the same Gun, from around 10km section to the front road of the same Doan-Eup in the South-Myeonan-ri, the Defendant driven B truck without obtaining a driver's license.

Accordingly, the defendant is driving under the influence of alcohol.

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