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(영문) 대구지방법원 경주지원 2017.05.25 2017고단6
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 May 9, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act from the Daegu District Court and racing support, and a summary order of KRW 7 million for the same crime in the same court on September 12, 2016, respectively.

2. Criminal facts;

A. On October 17, 2016, the Defendant driven D Poter Cargo under the influence of alcohol concentration of 0.168% while under the influence of alcohol without obtaining a driver’s license on the roads front of a gas station located in C in the racing-si on the roads of a gas station located in B, a around October 17, 2016.

B. The defendant is a person engaging in driving of the above cargo vehicle.

Defendant 1, while under the influence of alcohol as above, driven the above cargo vehicle under the influence of alcohol and driven the two-lane road in front of the gas station C at the time of racing along two-lanes from the side of the racing to the port of Pool.

At the time, the F bus used by the Defendant was prior to the victim E(47) on the front side of the freight vehicle driven by the Defendant, so there was a duty of care to maintain the safety distance with the preceding vehicle to the person engaged in driving the vehicle, and to prevent the accident in advance by driving the vehicle.

Nevertheless, the Defendant was driving the above cargo in a situation where it is difficult to drive it normally due to influence of drinking, and the Defendant received the rear part of the bus as the front part of the above cargo vehicle.

Ultimately, the Defendant caused the above victim by negligence in the course of business to suffer dynasium, tensions, etc. in need of approximately two weeks of treatment, and the victim G (V, 62 years of age), who was aboard the bus, to receive approximately two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The police of E.

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