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(영문) 대구지방법원 포항지원 2020.02.19 2019고단1661
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 1, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bchip car.

1. On November 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said car while under the influence of alcohol level of 0.129% on blood alcohol level on November 14, 2019 and proceeded at a speed of about 40 km per hour along three lanes in the direction of island shooting distance in the front of the bowling-gu C at port at the port of port.

At the time of night, in such cases, there was a duty of care to prevent accidents in advance by safely driving the steering gear and brake system, such as a person engaged in driving of a motor vehicle, by living well on the front and left well, and accurately operating the steering gear and brake system.

Nevertheless, as long as the Defendant neglected to do so while driving in the state of alcohol and neglected to do so, the Defendant was negligent in neglecting the front-round city, and received the part of the Defendant’s vehicle behind the Fteraca of the Victim E (Age 55) driving while stopping in accordance with the new subparagraph, and received the part of the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as salt, tension, etc., of the trend that requires a two-day medical treatment to the victim E, and suffered bodily injury, such as salt, tension, etc., of the trend that requires a two-day medical treatment to the victim G (V, 53 years old) who franchis the franchis.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a truck under the influence of alcohol with approximately 2 km alcohol concentration of about 0.129% at the section of about 2 km from the Do near the agricultural sand distance in the south-gu Gyeongdo at the time of the temporary border as set forth in paragraph 1 to the place of accident as set forth in paragraph 1.

Summary of Evidence

1. The defendant;

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