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(영문) 의정부지방법원 고양지원 2013.04.05 2012고합448

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

Reasons

Punishment of the crime

On February 26, 2007, the Defendant was a person who received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, on January 31, 2008, a summary order of KRW 3 million from the Seoul Western District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on April 10, 2008, a person who received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at least twice.

"2012, 448"

1. Around October 17, 2012, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a d-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a car;

On October 17, 2012, at around 02:49, the Defendant driven the said car with a alcohol content of 0.195% 0,000, and continued the road of four-lanes in front of the cancer center located in the Sinsandong-dong-dong at ancientyang-si at the early night, with a two-lane speed from the early night bank at the early night, at a speed of about 60km.

At night, the Defendant was at night and the Defendant had a duty of care to prevent accidents, such as keeping a safe distance to avoid a stop of the said car, inasmuch as the Defendant was followed by the Fschton car driven by the victim E (the age of 36) in the same direction, the Defendant had a duty of care to prevent accidents.

Nevertheless, the Defendant is under the influence of alcohol so that it is difficult for him to drive normally.