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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단2321
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 January 2, 2014, the Defendant received a summary order of 3 million won as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court, and on May 24, 2010, a fine of 2.5 million won as a crime of violation of the Road Traffic Act (driving) and received a summary order of 2.5 million won as a total of 4 times as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is driving a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) as his duties;

On September 21, 2014, around 17:19, the Defendant driving the above cargo vehicle in front of a deep-sea terminal located in the Mangsan-dong, Mangsan-si without obtaining a driver's license under the influence of alcohol concentration of 0.161%.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brake system, etc. of the motor vehicle without the influence of alcohol, and to safely drive the motor vehicle by taking into account the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and received the back portion of the victim D(the age of 69) drive of the E-W which was stopped under the E-W under the same subparagraph due to negligence while under the influence of alcohol and making it difficult for the Defendant to drive a car normally.

Ultimately, the Defendant suffered, respectively, injuries, such as salt, tensions, etc., in need of approximately three weeks of treatment to the above victim and the same passenger F (the age of 68) by occupational negligence.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at the above time and at the above place, operated the said vehicle at a one-kilometer section of approximately 0.161% alcohol concentration without obtaining a driver’s license, thereby violating the prohibition of driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statements 1.

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