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(영문) 대구지방법원 서부지원 2013.07.26 2012고단1579
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2008, the Defendant was issued a summary order of a fine of five million won due to a violation of the Road Traffic Act (driving) by the Daegu District Court on November 14, 2008, and on December 21, 201, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the Seog Branch Branch of the Daegu District Court on December 21, 201, and is currently under suspended sentence

1. On November 21, 2012, the Defendant driven C concrete mixtures truck with a blood alcohol concentration of about 0.202% while under the influence of alcohol without obtaining a driver’s license in approximately 15km section from the front of the retaining wall construction site located in the Gancheon-gun, the Gan-gun, the Gancheon-gun, the Gan-gun, the Gan-gun, in front of the retaining wall construction site located in the Gancheon-gun, the Gan-gun, the lower court.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.

2. The defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in the driving of C concrete mixed trucks;

On November 21, 2012, at around 19:00, the Defendant driven the above truck with alcohol concentration of 0.202% in alcohol without obtaining a driver’s license as above, and led the village tobacco in the early lurg of Gyeong-gun, Sung-gun, Seongbuk-gun, to proceed with a local road of 905 in front at the beginning of the lurg, from the front side of the Sung-Eup, to the front side of the lurg, a speed of about 50km in speed, depending on the first line between the two lanes.

At the time, it was a road near a hostile farm without street lights, and thus, the driver of the vehicle has a duty of care to safely drive the vehicle by checking well the right and the right of the front and right.

Nevertheless, the defendant, who is under the influence of alcohol, was parked on the right side of the running direction due to the negligence of driving D1 ton cargo loaded on the back side of D1 ton cargo vehicle, etc.

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