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(영문) 대구지방법원 2018.05.17 2017고단7100
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on May 14, 2009, issued a summary order of a fine of KRW 2 million due to a violation of road traffic law (driving), etc., and on September 24, 2010, issued a summary order of KRW 4 million by the same court due to the same crime, etc., not only once but also twice the same electricity has been drinking.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle B-II in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 9, 2017, around 19:30 on 19:0 on 19:0 on 19:0 on 19:0 on 19:0 on 19:0, the Defendant proceeded at about 50 km in speed from the margin to the lower side of the four lanes.

At night, the Defendant had a duty of care to safely drive the vehicle without driving under the influence of alcohol on a person engaged in driving service, because he/she was at night, and the Defendant was behind the vehicle.

Nevertheless, the Defendant, by negligence while under the influence of alcohol, found it late to drive FNEW E(S, 43 years old) a FNEW EF rocketing car at the victim E(S, 43 years old) who was stopping in the signal atmosphere, and failed to avoid this, led the Defendant to behind the said rocketing car at front of the Defendant’s car, and led the Defendant to go behind the Hasta car at the victim G (W, 38 years old) who stopped in front of the said rocketing car.

Ultimately, the Defendant is in need of medical treatment for about 10 days to the victim E due to influence of drinking, while driving normally difficult due to the following: (a) the Defendant is in need of two-day medical treatment by occupational negligence; (b) the injury of fright and tension on the bones of wood, which requires approximately two-day medical treatment to the victim G; and (c) the injury of the fright base that requires approximately two-day medical treatment to the victim I (8 years of age) who is the passenger of the frighter vehicle.

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