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(영문) 대구지방법원 2020.11.19 2020고단3238
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On January 22, 2013, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act, and from the vice branch of the Daegu District Court on May 13, 2013 to a fine of KRW 5 million for the same crime, respectively.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BMW745i in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 9, 2020, the Defendant driven the said vehicle under the influence of alcohol of 0.185% with a blood alcohol concentration of 0.185% on April 23, 2020, while driving the said vehicle along the three-lane roads in front of Daegu Northern-gu C, and driving the vehicle along D from the libera to the direction of D.

At the time, the center line of the yellow-ray is installed at night and there is a place where the yellow-ray is installed. In such a case, the driver of the motor vehicle has a duty of care to take into account the front and left and right while under the influence of alcohol, to accurately operate the steering gear and brakes, and to prevent the accident in advance by safely driving along the upper right lane of the center line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving along the above road while driving along the road, received the front part of the Frando vehicle that the Defendant driven by the victim E (Nam, 67 years old) driving in the normal direction from the front side of the direction of the defendant's running on the lurg to lurg ICT from the direction of the direction of the defendant's running.

Ultimately, the Defendant driven the said BMW vehicle under the influence of alcohol, and caused the death of the victim, such as a diversified organ, etc., at the Gyeong-gu, Daegu District University Hospital, which was under the influence of transmission treatment at around 15:05 on April 14, 2020, in the middle-gu, Daegu High-gu, where the victim was under the influence of alcohol.

2. The Defendant violates the Road Traffic Act (driving) shall have the blood alcohol concentration of 0.185% from an insular section from the temporary and insular place specified in paragraph (1) to the place specified in paragraph (1).

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