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(영문) 대구지방법원 서부지원 2017.11.09 2017고단1121
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 record] On October 22, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court, and on April 10, 2009, issued a summary order of KRW 3 million for the same crime at the Daegu District Court.

[Criminal facts]

1. On April 23, 2017, the Defendant, even though having been in violation of the Road Traffic Act two or more times, was driving a B-B truck under the influence of alcohol content of about 0.197% in the section of the section of the Act on the Construction and Management of Land, Infrastructure and Transport, from around 18:55 to around 2nd, 18:5 on the road near the Daegu-gu Seoul-Ulle-gun, the Defendant, at around 500, driven a B-B truck under the influence of alcohol content of about 0.197% in front of the 1st art gallery.

2. On April 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), as indicated in paragraph (1) around 18:5 on April 23, 2017, the roads of the three-lane distance in front of the 1st art gallery in Daegu-gun, Daegu-gun, with the alcohol concentration of 0.197% at the flood level of the blood alcohol level in the blood, led to bypassing the roads from the window of the said art gallery from the window of the said dam

In this case, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the operation of the brake and steering gear, and by accurately operating the steering system.

Nevertheless, the Defendant, while driving the above cargo under the influence of alcohol, was negligent in neglecting the duty to see on the front side while driving the above cargo while neglecting the duty to turn to the left from the art gallery room of the same art gallery, received the front part of the victim C(45 years old) driving benz S350 car as the front part of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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