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(영문) 대구지방법원서부지원 2020.12.10 2020고단1350
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 December 24, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Seoggu District Court Branch on December 24, 2013

【Criminal Facts】

1. Around 20:00 on March 25, 2020, the Defendant driven a B SP car under the influence of alcohol concentration of approximately 0.136% at the 10km section from the 10km section to the intersection in front of the Gangseo-gu, Seogu, Daegu-gu.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car in B SP.

On March 25, 2020, the Defendant driven the said car under the influence of alcohol level of 0.136% on March 25, 2020, while under the influence of alcohol level of 0.136%, and led the roads adjacent to the intersection of the said lecture to the intersection of the said lecture from the intersection of the private road to the new street protection area of about 40km each other at a speed of about 40km.

At the time, it was a road near a frequent intersection, and in such a case, there was a duty of care for a person engaged in driving a motor vehicle to live well and safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to keep the front section of the said three-lanes without properly examining the front section, and instead tried to drive the said three-lanes to the left part of the said three-lanes at a place where the U-turn is not allowed, by negligence, and by negligence, the victim C (Nam, 54 years old) who is driving the said road on one-lanes.

In the end, the defendant is driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the defendant needs to receive approximately two weeks medical treatment for the victim.

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