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(영문) 대구지방법원 경주지원 2020.04.28 2019고단689
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 August 23, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court racing support. On November 18, 2011, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On September 21, 2019, the Defendant driven the said rocketing car with the blood alcohol content of 0.104% 0.104%, while under the influence of alcohol on September 21, 2019, and led the Defendant to proceed from the northwest to D, the front side of the D in the racing-si.

At this point, there was a tri-distance intersection where signal lights are installed, so in such a case, there was a duty of care to safely enter the said intersection and prevent accidents by accurately operating the steering boat and the steering system to the person engaged in driving of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant: (a) was under the influence of alcohol so that it is difficult for the Defendant to drive the said rocketing car with a little string distance and face color; (b) it was due to the negligence of having entered the said intersection and left left to the racing because it did not see well while driving the said rocketing car; and (c) the front portion of the victim E-driving car, which was passing the said intersection on the right side from the left side of the running direction of the said rocketing car by the Defendant at the time when he was under the influence of the said intersection, was the front portion of the said rocketing car.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as a large fluoral frame in the right part, which requires approximately four weeks medical treatment, to the victim.

2. The defendant violates the Road Traffic Act (driving) shall be in the Gu/Si/Gun of the same temporary racing as the above 1.

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