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(영문) 대구지방법원 2020.05.06 2020고단19
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of two years.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

【Defendant A, at the Daegu District Public Prosecutor’s Office on December 22, 2016, issued a summary order of KRW 4 million on August 9, 2019 by the Daegu District Public Prosecutor’s Office, for the crime of violation of the Road Traffic Act. Defendant B was issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act at the Daegu District Court on August 9, 2019.

【Criminal Facts】

1. Defendant A

A. Although the Defendant violated the provisions of the Road Traffic Act not less than once, at around 04:55 on Nov. 8, 2019, the Defendant driven DmX125 Obaba while under the influence of alcohol leveling 0.237% from a 800-meter section of alcohol level to the same Gu C, from a marba, in a state of under the influence of alcohol leveling 0.237% from a 800-meter radius to the same Gu C.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act violation Defendant driving the above Obane while under the influence of 0.237% of blood alcohol concentration in the temporary border as stated in Paragraph 1, and driving the road of the 6th line in front of Daegu Suwon-gu E on five-lanes from the two distance flood protection area to the Fbrupting surface, and changed the lanes into six-lanes.

When changing the vehicle line, there was a duty of care to change the vehicle line by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to change the vehicle line to the right side of the Defendant, and was in progress six lanes prior to the Defendant’s driving GTS125EVO on the right side of the Victim B (Nam, 21 years old).

As a result, the Defendant driving an ozone in a state where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s injury to the victim B, such as gropium and gropical damage, gropium, and gropical injury to the victim B, and at the same time, approximately KRW 2,00,000 of the repair cost.

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