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(영문) 대구지방법원서부지원 2020.08.28 2020고단2335
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On June 14, 2007, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch Branch, on November 12, 2007, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Branch, on September 25, 2012, the Defendant issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Branch, and on May 12, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Branch, and on December 19, 2018, for a period of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Branch, which was sentenced on February 19, 19.

【Criminal Facts】

1. On April 30, 2020, the Defendant was under the influence of alcohol by 0.185% from the section of approximately 200 meters from the 200 meters water level to the D convenience point in the same Gu from the Daegu Seo-gu B apartment near the road to the D convenience point in the same Gu C around April 22:14, 2020.

Accordingly, the defendant was driving under drinking not less than twice.

2. The defendant is a person engaged in driving a KS5 taxi in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At the time stated in Paragraph 1, the defendant, while under the influence of alcohol on the front roads of Daegu-gu C, was driving along three-lanes from the direction of Sunggu ICT in the direction of male Daegu-gu.

In such cases, a driver of a motor vehicle has a duty of care to prevent an accident by not driving a motor vehicle, and by accurately manipulating the steering gear and brake system, he/she has a duty of care to prevent an accident.

Nevertheless, the defendant's negligence of driving a car under the influence of alcohol while under the influence of alcohol while neglecting this, and thereby, the part of the back part of the passenger car GE Q90, which was stopped on the three-lane, is the defendant's taxi.

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