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(영문) 대구지방법원 2020.12.10 2020고단3321
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2017, the Defendant was issued a summary order of KRW 7 million by the Daegu District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B Poter, schoscopers

On April 27, 2020, the Defendant driven the said cargo without obtaining a driver's license under the influence of alcohol level of 0.239% at a blood alcohol level on April 27, 2020, and became to turn to the left from the direction of the lower intersection of the Daegu Tri Road located in 2, as in Daegu-gu, Daegu-si.

At the time, it is an intersection where a signal is installed at night, and in such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by accurately operating the steering system and steering gear, and driving safely by observing the traffic signal while under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding in violation of the signal and received the front part of the cargo vehicle that the Defendant driven by the victim D(Nam, 32 years old) who was driving from the bend parallel to the bend parallel by normal straight line from the bend line on the side of the bend line.

As a result, the Defendant driven the above cargo vehicle under the influence of drinking, and suffered injury, such as the escape of the left-hand 4 hours in need of treatment for about six weeks, by driving the said cargo vehicle.

2. The defendant of a violation of the Road Traffic Act and a violation of the Road Traffic Act (driving without a license) shall be located within the section of about 300 meters from the front of the road at the time of the normal border to the place specified in paragraph (1).

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