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(영문) 의정부지방법원 2013.08.21 2012고합264

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 15, 2009, the Defendant sentenced 8 months to imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act at the Jung-gu District Court on March 26, 2010 and completed the execution of the sentence.

1. Around March 22:25, 2012, the Defendant was driving Cmea car in a state of under the influence of alcohol alcohol concentration of about 0.21% from the 2km section of approximately 2km to the road in front of the two intersections located in 916, Namyang-si, Namyang-si, Namyang-si, Namyang-do.

2. On March 11, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was waiting to turn to the left at the left of the west fire-fighting port from the head of the Sinnam-Eup, Seoul, while driving the said vehicle under the influence of alcohol due to the influence of alcohol while under the influence of alcohol at around 0.21% of alcohol level on March 11, 2012.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly see the front-way city, to observe the vehicle line, to prevent accidents by safely driving, to prevent accidents in advance, and to stop driving in a state where normal driving is difficult due to influence of drinking.

Nevertheless, the defendant neglected this and went to the left at the left-hand turn of the vehicle in front of the victim's driver's car, while driving the vehicle in front of the vehicle in front of the victim's driver's car, which the victim D (the age of 49) who was in the signal atmosphere to turn to the right-hand turn from the front side of the vehicle in front of the vehicle in front of the victim's driver's car.