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(영문) 대전지방법원 서산지원 2015.04.15 2014고단1139

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 17, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court of Daejeon, and on September 21, 2007, the same court was sentenced to a suspended sentence of two years for a year due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a motor vehicle with C

On July 14, 2014, the Defendant driven the said car under the influence of alcohol level of 0.186% on blood alcohol level around 02:00, while driving the said car, and, at the same time, the law mar located in the raids of the Simn-ri at the Sim of the Simn-ri was proceeding at a speed of about 50km per hour from the intersection to the intersection of the road.

At the time, the Defendant, while driving the said vehicle in a situation where normal driving is difficult due to the above influence of alcohol, was faced with the injury of the victim FF (the age of 18) who was trying to overtake the said vehicle through the central line, due to the sudden number plate of the victim D (the age of 19) driving, E on the right side part of the said vehicle E on the left side part of the said vehicle, and suffered from the injury of the chilled salt, etc. for about two weeks in need of medical treatment, and the victim FF (the age of 18) who was on board the said vehicle, for about two weeks in need of medical treatment.

2. Around 02:00 on July 14, 2014, the Defendant driven a car with a cromatic alcohol concentration of about 0.186% while under the influence of alcohol without obtaining a driver’s license in a section of about 5km from the front of the modern industrial company located in the Singu-Eup Sin-Eup Sin-ri at the time of Sinjin-si to the adjacent road.

Accordingly, the defendant did not obtain a driver's license, and Article 44 (1) of the Road Traffic Act is not less than twice.