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(영문) 대구지방법원 2020.05.14 2020고단553
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On November 10, 2016, the Defendant was sentenced to a two-year suspended sentence for a violation of the Road Traffic Act, etc. at the Daegu District Court.

On January 9, 2020, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 9, 202, and is currently pending in the appellate trial.

【Criminal Facts】 The Defendant is a person driving a Magaz freight vehicle.

1. On August 22, 2019, the Defendant violated the provisions of the Road Traffic Act (driving) and the provisions of the Road Traffic Act (driving without a license) and operated the said cargo vehicle without obtaining a driver’s license at a level of about 5km from around 0.138% under the influence of alcohol at around 0.138%, up to the O in front of the Daegu-gun, Gannam-gun, Gan-gun, Gannam-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said cargo vehicle under the influence of alcohol content 0.138% at the time and time set forth in paragraph (1) and proceeded with the two lanes in front of theO located in the N in Daegu-gun District N, Daegu, by using the said cargo vehicle at an insular speed from P to Qproof.

At that time, there was a person who is engaged in waterworks pipeline construction, so in such a case, there was a duty of care to thoroughly handle the steering gear, brake system, etc. to prevent accidents in advance.

Nevertheless, when the Defendant was negligent in not operating the steering gear properly under the influence of alcohol and was negligent, the part on the right shoulder part of the victim R ( South and 35 years old), which was being constructed on the left side of the Defendant’s running direction, was set to the left side of the Defendant’s cargo vehicle.

Ultimately, the defendant is in a situation where normal driving is difficult due to the influence of drinking.

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