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(영문) 대구지방법원 김천지원 2021.01.13 2020고단1019
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On November 19, 2014, the Defendant was sentenced to a suspended sentence of two years for the six-month period of imprisonment for a violation of road traffic law in the Daegu District Court Kimcheon support.

On January 4, 2020, the Defendant driven B Poter truck with approximately 1k alcohol content of about 0.131% in blood while under the influence of alcohol from the section of approximately 1k away from the front of a mutually influent restaurant located in the Nam-gu, Daegu-gu, Daegu to the fourth distance of the same month.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

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

The defendant, while under the influence of alcohol as above, was driven by the above cargo vehicle and proceeded with the four-distance intersection of this Ri, which is located in the Seogu-gu, Seogu, Daegu-ro, at the right stop.

At the time, other vehicles were stopped in accordance with the name and location of the vehicle, so in such a case, the driver had a duty of care to safely operate by accurately manipulating the steering room and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop and was negligent in driving on the offline of the freight vehicle of Defendant C (Woo, 55 years old) with the rear part of the victim C (Woo) driving, which was stopped in accordance with the new subparagraph, as the front part of the Defendant’s freight vehicle.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as salt, tension, etc. of the chill, which requires a treatment for about three weeks, and suffered injury to the victim E (the 57 years old), who was on the rear seat of the said vehicle, such as salt, tension, etc. in need of treatment for about two weeks.

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