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(영문) 전주지방법원 2015.01.16 2014고단2039

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on August 30, 2010. On June 1, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the same court.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a car with C Cost Star, resulting in death or injury of negligence or damage to property.

On July 4, 2011, at around 19:27, the Defendant driven the above mix while under the influence of alcohol of 0.164% with a blood alcohol concentration of 0.164%, and proceeded at the speed of about 20km from the side of the Pari-Yon, the road without a line in front of the Pari-Sari in front of the Pari-Sari in the end of the Gari-Sari City.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by checking the vehicle in advance and accurately operating the steering direction and brakes on the side of the road that enters the front side, as the Twit-distance intersection with yellow domination, which is a Twit-distance crossing and without a lane, and in such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected this and did not keep the front side of the vehicle while drinking and without properly checking the vehicle, and took the front side of the vehicle for the victim by negligence without properly manipulating the steering direction and brakes and without properly manipulating it, while the victim D (5 years old) driving on the right side of the road on the right side of the road at the above intersection, and received the front side of the vehicle for the victim with the front side of the vehicle for the victim's passenger without avoiding the ice car driven by the victim D (55 years old).

Ultimately, the Defendant, as seen above, is driving under a difficult condition due to influence of drinking, and is the victim D and his passengers.

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