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(영문) 의정부지방법원 2014.08.13 2014고단1527

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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

Reasons

Punishment of the crime

On July 29, 2009, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act, and on September 17, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a passenger car in B.

On April 13, 2014, the Defendant driven the said car while under the influence of alcohol of 0.234% of blood alcohol concentration at around 22:00 and proceeded one way in front of the Japanese Comprehensive Agriculture Organization, which is located in the one-way-dong, one-way starting in the one-way-dong, Seocheon-si.

At night, it is not easy to secure the view at night, and there is a narrow be a narrow bend road. In such a case, there was a duty of care to reduce the speed and drive safely by properly examining the front and rear left.

Nevertheless, the defendant, in a state of difficulty in driving normally due to influence of drinking, such as a red, sniffly smelling, and snifflying the horses in a red, and failure to make the horses properly, was returned to the road by suddenly manipulating the hand-on hand while leaving the center.

Ultimately, the Defendant suffered from the victim C(53 years of age) who was accompanied by the pertinent car due to the foregoing occupational negligence, such as the inside and outside part of the treatment days and the examination of the two parts.

2. Around 22:00 on April 13, 2014, the Defendant driven a B SP-type car at a section of about 3 km in front of the Japanese comprehensive farming organization located in the one-dong-dong in the calculation of Gyeonggi-si, Gyeonggi-do, from the influence of the blood alcohol content of 0.234% at a level below 0.234%.

Accordingly, the defendant is a person who has violated two or more times the prohibition of driving under the influence of alcohol, and is under the influence of alcohol.