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(영문) 대구지방법원 경주지원 2021.02.03 2020고단533
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and four months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant A was issued a summary order of KRW 1.5 million by the Daegu District Court on August 11, 2014 as a crime of violating the Road Traffic Act (dacting driving).

Defendant

B on August 24, 2006, the Daegu District Court and its branch court rendered a summary order of KRW 700,000 as a fine for the same crime, KRW 1,000,000 as a fine for the same crime from the Daegu District Court and its branch court on March 14, 2014, and KRW 5 million as a fine for the same crime from the Daegu District Court and its branch court on December 29, 2015, and was sentenced to 6 months of imprisonment and 2 years of suspended execution on August 16, 208.

[Criminal facts]

1. Defendant A

A. The Defendant is a person who is engaged in driving a car with C Lastren in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 6, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.163% during blood transfusion at around 23:00, while normal operation is difficult, and the Defendant driven the said car at the same time, which is about 89 km per hour from the surface of the Forest Environment Research Institute to the front side of the Do in front of the racing.

At the time, it is a road of one-lane at a speed of 60 km per hour in which the center line of the yellow solid line is installed. In such a case, the driver has a duty of care to live well in the front line, observe the vehicle line, and prevent the accident in advance by complying with the speed limit.

Nevertheless, the Defendant was under the influence of the Defendant’s vehicle in front of the left-hand side of the Defendant’s vehicle while driving the opposite lane due to the Defendant’s negligence while driving the vehicle in the center line at a speed exceeding the restricted speed due to the influence of drinking, such as the Defendant’s in-depth, ina large range of walked, walked, and breathing.

Ultimately, the defendant is negligent in driving a vehicle while normal driving is difficult due to influence of drinking.

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