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(영문) 대구지방법원경주지원 2020.10.15 2020고단530
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, 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 May 1, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court, etc. On November 17, 2009, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the Daegu District Court on November 17, 2009, and was sentenced to imprisonment with prison labor for 6 months and 2 years for the same crime.

【Criminal Facts】

1. Although the Defendant was under the influence of punishment for driving under the above alcohol, around August 7, 202, at around 23:02, the Defendant driven an Epoter II cargo with a blood alcohol content of about 0.206% from the 2km section, from around the 2km section, to the neighboring road of the racing-si, from around August 7, 2020 to around D.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

2. The defendant is a person who has been engaged in the business of driving freight Class E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 7, 2020, at around 23:05, the Defendant, while driving the above cargo on the roads near the racing-si, was driving on the left side of the central separation unit, was driving on the left side of the central separation unit.

Since there is a road that has been installed a centralized separation, the defendant engaged in driving of the cargo vehicle is going to the left-hand side of the central separation zone, and the defendant has the duty of care to refrain from traffic accidents by accurately operating the brake and steering gear and steering gear, despite the fact that he had the duty of care to prevent traffic accidents. However, the defendant was negligent in driving on the left-hand side of the central separation zone in a situation where it is difficult to drive normally due to the influence of drinking, such as the traffic congestion, walking and snowing, etc., due to the influence of drinking, and by negligence, the part of the victim F.F. (F., South, 25 years old) which was normally going to the left-hand side of the motor vehicle.

In the end, it is eventually.

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