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(영문) 대구지방법원 2017.09.21 2017고단2657
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On March 6, 2009, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice by receiving a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on July 16, 2009, the same court issued a summary order of KRW 3 million for the same crime, etc.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of a freight truck in tons D1 ton.

On April 10, 2017, the Defendant, while under the influence of alcohol level of 0.190% in blood, driven the said cargo vehicle on the side of the “F” in Daegu-gu, Daegu-gu, at around 18:23, driven the said cargo vehicle along a one-lane of the road between the private distance of the Daegu International Airport to the 45-lane from the private distance of the Daegu International Airport.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system to the person engaged in driving service.

Nevertheless, the Defendant did not discover a bicycle running ahead of the victim G (80) that had been under the influence of alcohol due to negligence in not operating the brake system properly while neglecting this, and received the rear part of the above bicycle as the front part of the above cargo vehicle and made the victim go beyond the ground.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a cage cage cage, etc. which requires approximately four weeks of medical treatment.

2. The Defendant driven the freight vehicles described in paragraph (1) while under the influence of alcohol content of about 0.190% without obtaining a driver’s license from the front side of his dwelling in Daegu-gu, Daegu-gu, to the places described in paragraph (1), at the time of a day specified in paragraph (1).

Summary of Evidence

1. The defendant's person;

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