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(영문) 대구지방법원 2020.06.17 2020고단976
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

[Criminal Power] On May 30, 2014, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B-learning passenger car

On December 1, 2019, at around 21:10, the Defendant driven the said car with the alcohol concentration of 0.234% 0.20%, and led the five-lane of the distance in front of the D High School located in Busan Metropolitan City, Busan Metropolitan City, along two-lanes in the area of the Jin-Eup Office located in the GanIC room.

In front of the defendant's driving direction, since motor vehicles were parked in accordance with the stop signal, the defendant engaged in driving of the motor vehicle has a duty of care to properly operate the steering wheel, brakes and other devices of the motor vehicle, and to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as failing to drive the motor vehicle while normal driving is difficult due to influence of alcohol or drugs.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without properly examining the front side and received the part behind the left-hand part of the F bargaining vehicle of the victim E (the 19-year-old driver) driving, which was going to the right-hand side of the Defendant’s left-hand turn signal at two-lanes of the same direction, from the left-hand side of the Defendant’s vehicle. As such, the Defendant got the victim G (the 45-year-old driver) to receive the part behind the left-hand side of the H-hoon vehicle operated by the victim G (the 45-year-old driver).

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and injury to the victim G, such as satise, tension, etc. requiring medical treatment for about two weeks.

2. The defendant is prohibited from driving under the influence of alcohol as above by the Road Traffic Act.

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