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(영문) 대구지방법원 경주지원 2020.06.11 2020고단210
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 February 27, 2015, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person who is engaged in the duty to drive B-cruise cars.

On March 17, 2020, at around 01:59, the Defendant driven the said vehicle under the influence of alcohol with 0.142% of alcohol concentration 0.142%, and tried to drive the said vehicle in front of the D convenience store located at the racing-si along the intersection in front of the D convenience store located at the racing-si with an intersection of about 50km from the E bank to the riverside, at a speed of 50km.

At the time, at night and where no signal is installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by temporarily stopping or slowly driving the motor vehicle before entering the intersection, and by accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was so under the influence of alcohol that the blood color is red, inaccurate, and the part on the right side of the victim F (ma, 17 years old) driving, which is proceeding to the right side from the left side of the running direction of the Defendant, due to the negligence of the Defendant’s driving in a difficult state, such as the insignia distance, etc.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult under the influence of alcohol as above, and suffered injury to the victim, such as a scambling, etc., which requires treatment for approximately two weeks.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.142% from a section of about 300 meters of alcohol in the direction of the D convenience store located in the same city C from the date and time in paragraph (1) of the same Article to the front of the D convenience store located in the same city C.

Accordingly, the defendant is driving under the Road Traffic Act.

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