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(영문) 의정부지방법원 고양지원 2016.12.28 2016고단3275

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Seoul Central District Court, and on September 11, 2015, the Defendant was sentenced to a suspended sentence of one year for six months in imprisonment with labor for the same crime. The judgment became final and conclusive on the 19th of the same month.

1. On October 15, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) went through drinking while under the influence of alcohol by 0.130% on a blood alcohol concentration at around 05:0,00, snow is red, and the mold distance is under the influence of a drash, driving a car at a speed of not less than 30 kilometers per hour at the speed of about 1st line in front of the area E in the U-dong-gu, U.S., Manyang-gu, Sinyang-si, by driving the dra on the drash at a speed of not less than 30km per hour from

In such cases, a person who drives a motor vehicle shall drive the motor vehicle in an unbreath state, and has a duty of care to safely check the front door and the left and right.

Nevertheless, the defendant did not discover the victim F (the age of 26) who was coming from the side edge of the road in front of the direction of the proceeding due to negligence while neglecting this, and had the victim go against the front part of the vehicle operated by the defendant and caused approximately 20 years to suffer injury, such as external cerebral blood, ductal embs, and cage bus, which require the victim to take approximately 20 care of the floor.

As such, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim.

2. The defendant is a person who has violated Article 44 (1) of the Road Traffic Act not less than twice.

The Defendant, at the same time as the foregoing “paragraph 1”, driven the said Rail car in the state of under the influence of alcohol content of about about 1 km from the front of 256-ro, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, to the place of the accident described in the above “paragraph 1” at approximately 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;