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(영문) 대구지방법원 2018.06.08 2018고단1152
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 26, 2010, the Defendant is a person who has driven under drinking two or more times after receiving a summary order of a fine of KRW 2 million from the Daegu District Court to a crime of violating the Road Traffic Act (driving), and on December 24, 2012, the same court issued a summary order of KRW 5 million for the same crime, etc.

On February 10, 2018, the Defendant driven C Poter Cargo in the state of alcohol alcohol concentration of about 2km from the front day of the Namsan-dong in Daegu Metropolitan City to the front day of the 12-lane Nam-ro, Namsan Industrial High School.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving of Category C cargo vehicles.

At the time stated in the preceding paragraph, the Defendant driving the above cargo vehicle, leading to the roads in front of the 12 North Korean Industrial High Schools in Daegu-ro, Daegu-ro, Namsan-ro, 12, in the four-distance four-distance radius.

In this case, a person engaged in driving service has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant, while drunking and neglecting the delivery due to negligence, got street trees and bus platforms and passed off the bus platforms. As a result, the part of the bridge of the victim D (66 years old) in the bus platform was attached to the electric sign board of the bus platform of the victim, and the victim’s face was cut down by making the cargo window fright around the victim’s face.

Ultimately, the Defendant is in a situation where normal driving is difficult due to influence of drinking.

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