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(영문) 대구지방법원 2019.03.21 2018고단5739
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 29, 2018, the Defendant, while under the influence of alcohol at 02:20% of blood alcohol concentration, driven the said car and proceeded with the alleyway prior to the “D” located in Daegu-gu Dong-gu, Daegu-gu, as “Ery apartment” room.

Since there are motor vehicles, etc. parked on both sides of the road as a alleyway between the commercial buildings, the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in front, rear, and left and right.

Nevertheless, the Defendant, due to negligence in the influence of alcohol, continued to proceed to the display site owned by the injured Party G (W, 67 years old) on the left-hand side of the running direction of the said rocketing passenger car, and continued to proceed to the display site owned by the injured Party G (W, 47 years old) and parked on the right-hand angle direction of the passenger H (W, 58 years old) owned by the injured Party H (W, 58 years old) who was parked on the left-hand angle direction, and continued to proceed to stop on the top-hand side of the passenger car owned by the injured Party L(W) who was parked on the right-hand angle direction of the second and the top-hand side of the cargo vehicle owned by the injured Party L(W, 42 years old), and continued to proceed to stop on the left-hand side of the 5 years old passenger car (W, 57 years old-gu N).

As above, while driving the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, the Defendant’s repair cost is equivalent to KRW 500,000,000.

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