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(영문) 대구지방법원 서부지원 2020.04.28 2019고단2384
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

1. On June 29, 2009, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine of KRW 1 million for the crime of violating the Road Traffic Act, and on June 9, 2011, to a fine of KRW 2.5 million for the crime of violating the Road Traffic Act at the Seo branch court of the Daegu District Court.

At around 18:00 on August 12, 2019, the Defendant, while being under the influence of alcohol by 0.196% under the influence of alcohol level 0.196%, driven a fet motor vehicle at approximately 1km from the front road in Daegu Seo-gu, and from the front road in the influence of alcohol level 0.196% under the influence of alcohol level, to the construction of the E Hospital located in the same Gu D.

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 FMaz car.

On August 12, 2019, the Defendant driven the above vehicle on August 18, 2019, and changed the 5 lanes from the 2nd to the 1st line.

In this case, there was a duty of care to prevent accidents by taking into account well before changing the car line to a person engaged in driving a motor vehicle.

Nevertheless, the Defendant is divided into drinking, and the walking state is difficult to drive under normal conditions, such as a string distance, and the walking state is negligent in changing the vehicle as it is, by neglecting the duty of the front-way driver while neglecting the duty of the front-way driver, which was driven by the victim G (29 years old) who was directly driven by the first-lane on the same side, shocked the front-way driver in front of the vehicle driven by the Defendant, and continuously shocked the part behind the second-way driver in front of the vehicle driven by the victim I (53 years old) who is travelling by the Defendant with the vehicle driven by the Defendant.

After all, the defendant is driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and requires approximately two weeks of medical treatment to the victim G and I.

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