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(영문) 대구지방법원 2020.04.22 2020고단419
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 6, 2009, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch Branch on July 6, 2009; a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch on July 6, 2009; a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch on December 23, 2009.

【Criminal Facts】

1. Although the Defendant violated the provisions of the Road Traffic Act not less than once, at around 12:50 on November 22, 2019, the Defendant driven a motor vehicle with DNA low alcohol level 0.161% under the influence of alcohol at the section of about 1km from the 1km to the road front of a gas station located in the same Gu, nar-gu Northern-ro, Daegu Northern-gu, Manish, Inc., to the day of a gas station located in the same Gu B.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car under the influence of alcohol content 0.161% at the time and time set forth in paragraph (1) and proceeded at a speed of 50km per hour at a speed of 50km per hour from the ebbbrating of the front of the Cjust station located in Daegu Northern-gu B, Daegu, by driving the said car at a speed of 0.161%.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, steering gear, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle by negligence, and received the part on the right upper part of the victim E (ma, 44 years old)’s FMW car prior to the Defendant’s vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

(i) the evidence;

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