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(영문) 대구지방법원 경주지원 2019.01.10 2018고단694
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 21, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On June 1, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving cars of the Brocketing traffic trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On September 30, 2018, the Defendant driven the above cargo while under the influence of alcohol of 0.225% with blood alcohol concentration around 16:45 on September 30, 2018, and the Defendant driven the three-lane road in front of the race C at a non-speed speed depending on the mechanical efficiencies from the offside distance to the mechanical IC seat.

Since the place was a road on which a median line is installed, in such a case, the driver of the motor vehicle has a duty of care to take into account the traffic situation of the front line, to accurately operate the steering and brake system, and to prevent the accident in advance by safely driving along his vehicle line.

Nevertheless, the Defendant neglected to do so and even so, the Defendant was negligent in driving with the central line, and due to the failure to accurately operate the steering gear and operation of the steering gear such as a little string distance and a little red color, and thus, it is difficult for the Defendant to drive normally. However, the part of the driver’s seat of the victim D (the age of 66) who driven two lanes from the opposite part of the horse at the time of the Defendant’s driving was the part of the driver’s seat in front of the truck’s driver’s seat.

Ultimately, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D (the 66-year-old driver) who is the driver of the above Poter II, such as salt, tension, etc. in need of medical treatment for about a week, and suffered injury to the victim F (the 62-year-old driver), who is the same passenger, about three weeks of medical treatment.

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