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(영문) 대구지방법원 경주지원 2020.05.27 2020고단90
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2014, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

1. The defendant is a person engaged in driving a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On January 17, 2020, at around 22:00, the Defendant driven the said car in a state where it is difficult to drive normally due to the influence of alcohol by 0.141%, and continued the intersection of the hotel C hotel in front of the Gyeong-si, Gyeong-si, Gyeong-si.

At the time of night and at the front time, EM passenger cars driven by the victim D (50 years of age) are waiting for signal and stopped. In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the steering person, such as reducing speed, compensating for the front left well, accurately operating the steering and brake system, etc.

Nevertheless, the Defendant was under the influence of alcohol in a clear, clear, and long-range that the Defendant was driving with the front side of the vehicle in which the Defendant was driving on the front side of the vehicle in which the victim was driving by negligence in the course of business, while it is difficult to drive the vehicle normally due to the influence of drinking with a large number of red.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, such as cerebrovasty in need of medical treatment for about two weeks, and injury to F (53 years old) who is a passenger of the damaged vehicle, such as salt dynasium, tension, etc. for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a BNA car in the state of alcohol alcohol concentration of about 0.141% from the 5km section to the place set forth in paragraph (1) of this Article.

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