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(영문) 대전지방법원 2020.10.21 2020고단3436
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

1. On June 25, 2018, the Defendant was issued a summary order of KRW 1,50,000 by the Daejeon District Court to a fine for a violation of the Road Traffic Act.

On July 5, 2020, at around 06:07, the Defendant driven a bsbomb car with a blood alcohol concentration of about 0.101% in the section of about 67km from around the 27km-dong, Seo-gu, Daejeon-gu to the point of Busan-do, Seo-gu, Busan-do, Busan-do, Daejeon-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death, etc.) is a person engaging in driving a BS car with halogen tons;

On July 5, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.101% of blood alcohol level, and driven the above vehicle at a speed of 16.5 km in the direction of Busan at the 273.8km from the direction of the Seodong-gu Daejeon-gu, Daejeon-gu, the Busan-do road at a point of 273.8km in the direction of Busan-do.

It is a place where the speed limit is 100 km per hour, and a soundproof wall is installed on the central separation zone and the right side. In such a case, the driver of the motor vehicle has a duty of care to observe the speed limit to those engaged in driving the motor vehicle, to look well at the front direction, to accurately manipulate the steering and brake system, and to prevent the accident.

Nevertheless, the Defendant, under the influence of alcohol, drive a speed exceeding approximately 66.5 km per hour, and drive a motor vehicle in a speed exceeding 6.5 km from one lane to three lanes consecutively, or drive a motor vehicle in a state where it is difficult to drive a motor vehicle normally, such as driving a motor vehicle in a state where he/she has a motor vehicle in a state where he/she has a difficulty of driving the motor vehicle in a normal manner, thereby driving the motor vehicle in the same direction at the three-lane from the bend parallel, and driving the motor vehicle in the same direction at the same two-lanes as the victim C (Nam, 58 years of age) who tried to change the motor vehicle into

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