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(영문) 대구지방법원 포항지원 2020.01.16 2019고단1498
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 18, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a motor vehicle B of a motor vehicle with a high risk driving (the injury caused by a dangerous driving).

On October 20, 2019, at around 10:35, the Defendant driven the said vehicle while under the influence of alcohol of 0.181% of blood alcohol level, and continued the distance in front of the D police box located in South-gu C at the port of port at the port of port from the side of the flacing bridge to the flacing slope.

In such cases, the defendant was a person engaged in driving duty and has a duty of care to take a well-round and left-hand side and to prevent accidents by operating the steering gear and brakes properly.

Nevertheless, the Defendant neglected to perform his duty while under the influence of alcohol and neglected to do so, thereby neglecting his duty at the front time, and went through as is, caused the Defendant to suffer from the injury of the victim E-Ver or the panion part behind the vehicle in front of the Defendant’s driver’s car, resulting in the Defendant’s shock by taking the part of the victim E-Ver or the part of the driver behind the vehicle in front of the vehicle in front of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim.

2. A violation of the Road Traffic Act (driving a sound driving) driving of a motor vehicle with a blood alcohol concentration of about 700 meters from the front of the “H restaurant” located in the Southern-gu G at the time of the above temporary border to the front of the police box located in C, while under the influence of alcohol of about 0.181%, the Defendant was driving the motor vehicle of the said Aburging state.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Notification of the results of the crackdown on drinking driving, and a drinking driver;

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