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(영문) 대구지방법원서부지원 2020.09.18 2020고단137
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2007, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving), etc. on March 20, 2008. On November 7, 2008, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving), respectively. On January 22, 2015, the Defendant was sentenced to imprisonment for 6 months, suspended sentence 2 years, 8 months, and suspended sentence 2 years with the same court on January 22, 2015. On January 26, 2016, the court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

1. Around 18:30 on October 27, 2019, the Defendant driven a d-wing-III truck with a blood alcohol concentration of 0.218% at a section of about 4km from the road in front of the market for the elderly north-gun, North Korea, to the road in front of the same military C-L, while under the influence of alcohol, at least 0.218%.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

2. The defendant is engaged in driving cars of the above salary class III cargo vehicles.

On October 27, 2019, the Defendant driven an above cargo vehicle and proceeded at a speed that is not visible to both sides from the front side of the price-free Eup to the two sides of the road in front of the Gyeongbuk-gun, the old-gun, the upper end of the road.

Since there is no signal, traffic control is not carried out, the driver of the motor vehicle has a duty of care to properly see the right and the right and the right and the right of the motor vehicle and to reduce the speed and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant is negligent in doing so and the defendant shall turn to the left from the front side of the vehicle due to the negligence of the driver.

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