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(영문) 의정부지방법원 2015.01.13 2014고단4210

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. at the Jung-gu District Court on November 30, 2007, and the same court on June 7, 201 issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act.

1. On October 28, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a C-wing truck with blood alcohol concentration of 0.232%, while under the influence of alcohol around 19:15 on October 28, 2014, and driving one-lane of the two-lane roads in front of D in Yangyangju-si, the two-lane of the two-lane roads from the Gan apartment.

At night, the Defendant was at night, and the Defendant had a duty of care to prevent accidents prior to the same direction, such as securing and driving a safety distance to avoid the accident, if the driver of the motor vehicle well sees that the driver of the motor vehicle is a person who drives the motor vehicle, and securing and driving a safety distance to avoid the accident in advance.

However, even though the Defendant neglected to perform his duty of care in a state where normal driving is difficult due to the influence of drinking, he was found to be late at the time of the suspension of the above boom, and did not stop the boom, but was found to have been behind the victim by the front part of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On October 28, 2014, the Defendant violated Article 44(1) of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at least twice, and driven C stud alcohol with a 0.232% alcohol concentration while under the influence of alcohol without obtaining a driver’s license at a section of about 10 km from the point from the point from the point from the point from which it was set to the point from the point from the point of view of Namyang-si to the front road of the same city.