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(영문) 대전지방법원 서산지원 2016.03.24 2015고단943

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 2, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law (driving) in the Seosan Branch of the Daejeon District Court on January 2, 2013, and a fine of one million won for the same crime in the same court on October 2, 2015 (the date and time of the crime was July 5, 2015), respectively.

1. On September 25, 2015, the Defendant was driving a balp vehicle with a blood alcohol content of 0.207% under the influence of alcohol without a driver’s license, from the 1km section to the roads near the Seoul Haak-si Office located in Seosan-si, an asbestos-based 364-2 around the 19:40 on September 25, 2015.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with Bhump.

On September 25, 2015, the Defendant driven the said car under the influence of alcohol content of 0.207% in blood around 19:40 on September 25, 2015, and proceeded at the speed of 5 to 60 km from the west middle school to the sculp of a Do non-agricultural corporation, which is in the rise of an asbestos sculp in Western City.

Since there is a central line, there was a duty of care to safely drive a motor vehicle without the central line.

Nevertheless, the Defendant neglected this and operated a center line in a state where normal driving is difficult due to influence of drinking, such as a fluoring of face with red and lacking body properly, and due to the negligence of driving the center line in a state where normal driving is difficult due to influence of drinking, and the victim C (43 ) who operates the opposite fluor line on the side of the road to the fluor middle school on the right side of the fluor vehicle.