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(영문) 대구지방법원김천지원 2020.12.16 2020고단562
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 September 30, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on April 1, 201, a fine of KRW 1,00,000 for the same crime from the same support on April 1, 2013, and a fine of KRW 5,00,000 for the same crime on May 10, 2016.

【Criminal Facts】

1. The defendant is a person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 25, 2019, the Defendant driven the above cargo while under the influence of alcohol of 0.215% with blood alcohol concentration around 18:10 on December 25, 2019, and proceeded from the Kimcheon-si C toward the two-lane road.

In such cases, a driver of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to drive normally under the influence of alcohol such as red, but instead failed to take a proper look at the front, and received the back portion of the back portion of the FNAS car driving F. F. F. F. 58 years old, the left side portion of the Defendant’s cargo vehicle was the front side of the Defendant’s cargo vehicle.

As a result, the Defendant caused the injury to the victim, by negligence, such as the obsesses and alleys requiring medical treatment for about two weeks due to the influence of drinking, and the dys and tensions of the unknown parts.

2. Around 18:10 on December 25, 2019, the Defendant: (a) driven B Poter truck under the influence of alcohol with approximately 2km alcohol concentration of about 0.215% in a section of about 2km from the front of a restaurant where it is impossible to know the trade name near the Geumcheon-dong Yang-dong Yang-dong Yang-si, Kimcheon-si, Kimcheon-si, to the front of D in Kimcheon-si, Kimcheon-si.

Accordingly, the defendant is not less than twice the prohibition of drinking driving.

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