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(영문) 대전지방법원 논산지원 2020.02.11 2019고단563
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On July 19, 2002, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Daejeon District Court’s collegiate branch on July 19, 2002, a summary order of KRW 700,000 for a fine for the same crime in the same court on June 11, 2007, and a summary order of KRW 1 million for the same crime in the same court on February 19, 2009, respectively.

【Criminal Facts】

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On October 11, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.121% of blood alcohol level around 21:30 on October 21, 2019, and came to go to the direction of the erogic office in the direction of the erogic in the direction of the erogic in the direction of the erogic office in the erogic 711.

Since the victim C-EX truck is in progress on the front side of the road at the time, there was a duty of care to ensure safe driving by accurately manipulating the steering system, brakes and other devices of the vehicle, the driver engaged in driving service, who is well able to observe the bus line, and properly operate the steering system, brakes and other devices of the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving the front part of the truck, which was breath due to negligence while under the influence of alcohol, with the front part of the truck that was driven by the Defendant.

As a result, the Defendant driven the above Poter II cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the shouldering that requires approximately two weeks medical treatment to the victim.

2. Violation of the Road Traffic Act;

A. At around 21:30 on October 11, 2019, the Defendant driven B Poter 2 while under the influence of alcohol concentration of approximately 1.3 km from the front of the F factory located in E in Seosan-si to the intersection of Gastm in Seosan-si.

Accordingly, the defendant has been engaged in drinking twice or more.

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