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(영문) 의정부지방법원 고양지원 2016.05.20 2016고단740

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 March 30, 201, the Defendant received a summary order of a fine of 3.5 million won for a violation of road traffic law (drinking) from the Jung-gu District Court's Goyang branch on March 30, 201, and on November 27, 2015, the same court received a summary order of a fine of 6 million won for a violation of road traffic law (drinking).

The defendant is a person who is engaged in driving a Switzerland car.

1. On December 28, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.162% without obtaining a driver’s license from the portion of about 1km from the front side of the arms fishery, which is located in 41-1, Han-si, Han-si, Han-si, Han-si, 2:50, to the front side of the D pharmacy located in Jeonju-si, in a manner of under the influence of alcohol for about 0.162% without obtaining a driver’s license.

Accordingly, the defendant, even though he had a driving force of drinking more than twice, has driven a motor vehicle without obtaining a driver's license while driving a motor vehicle again under the influence of alcohol.

2. On December 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving the said vehicle under the influence of alcohol content of 0.162% among the blood transfusions, and driving the said vehicle at around D pharmacy C at the time of wave, and driving the said vehicle at the end of the end of the 158-day street from the end of the 158-day bank to the long distance of gold village.

At the time, there was a passenger car going behind the vehicle of the defendant, so in such a case, there was a duty of care to look back the vehicle to the driver and accurately manipulate the steering system and operating system to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so and neglected to do so at the later night, and due to the occupational negligence of the Defendant’s vehicle behind the Defendant’s vehicle, the front part of the FSP car driven by the Victim E (FSP car aged 22) is the back part of the Defendant’s vehicle.