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(영문) 서울남부지방법원 2014.05.01 2014고단711

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

On April 10, 2009, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Suwon District Court. On August 29, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million by imprisonment with prison labor for a violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Branch Branch, etc.

1. The defendant is a person who is engaged in driving a motor vehicle B from the Grandland knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On February 11, 2014, at around 14:15, the Defendant driven the above marcing vehicle with a blood alcohol concentration of 0.134%, and led to two-lanes in front of the Geum River Arboretums apartment located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, along with two-lanes from the direction of the king to the breadth.

At the time, the Defendant, prior to the same direction, followed the D SP car driven by the victim C (n, age 41). In such a case, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving of a motor vehicle is well aware of the situation; (b) a person engaged in driving a motor vehicle is well aware of the situation; and (c) securing and driving safety distance to avoid the accident when the vehicle stops

Nevertheless, under the influence of alcohol, the Defendant found that the said car was driven by negligence while neglecting to stop according to the vehicle stop signal, and took a sudden operation measure, but the Defendant did not stop, and received the back part of the said car as the part of the driver in front of the passenger bus driven by the Defendant.

As a result, the Defendant was driving the said Grand City in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury to the victim, such as dump dump, tension, etc. in need of approximately two weeks of treatment.

2. On February 11, 2014, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and the Defendant is located in Guro-gu Seoul Metropolitan Government on the same day from the first day of 340-11, Guro-gu Seoul Metropolitan Government opening at around 14:20 on the same day.