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(영문) 대구지방법원 2020.10.28 2020고단4290
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a vehicle B;

On May 31, 2020, at around 06:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.117% of blood alcohol concentration, and led to a three-lane road in front of the South-North Korean intersection 484-2 located in the South-west Shin-gu, Gyeong-gu, Gyeong-do, South-do, Gyeong-do along the three-lanes in front of the South-west intersection.

The above three-lanes are traffic islands installed in the front line and cannot proceed straightly, so in such a case, there was a duty of care to prevent accidents in advance by operating the steering gear and the steering gear in a safe way by complying with the vehicle while under the influence of alcohol for those engaged in driving of motor vehicles, and by operating the steering gear and the steering gear accurately.

Nevertheless, when the Defendant neglected to drive so under the influence of alcohol and obstructed the traffic island by leading the traffic island along the right-hand lane, the Defendant received the victim D ( South, 71 years old) who was a victim of the crosswalk from the c apartment side of the mash apartment to the fright-on by green pedestrian signals, from the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of alcohol, resulting in the death of the victim at a F Hospital located in Gyeong-gu, Chungcheongnam-si, North America, where he was under after-the-job treatment at around 08:29 on May 31, 2020 and caused the shock by blood pressure.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle with the highest alcohol level of 0.117% as stated in paragraph (1) in the section of about 40km from the 40km to the place indicated in paragraph (1) on the road near the Southern-gu Seoul Metropolitan City, Daegu-gu.

Summary of Evidence

1. A copy of the police statement concerning G of the defendant's legal statement H and I.

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