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(영문) 창원지방법원 2014.08.19 2014고단1805
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court. On October 25, 2010, the Defendant was sentenced to a summary order of 4 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 15, 201. On August 14, 201, the Defendant was sentenced to a penalty of 4 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on April 15, 201, and the execution of the sentence was completed at the Changwon Prison on August 14, 201.

1. From around 20:00 on May 25, 2014 to around 20:25, the Defendant driven a fwning vehicle with blood alcohol content of about 0.139% while under the influence of alcohol content at about 2km from the front road of the Gicheon-dong, Changwon-si, the front road of the Gicheon-gu, Jincheon-gu, Jincheon-do, which is located in the same Gu.

2. On May 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol of 0.139% from blood alcohol concentration on May 25, 2014, while driving the cargo vehicle as stated in the above paragraph 1.139%, and driving the cargo vehicle as stated in the above paragraph 1. 3-lane in front of E in Chang Sea-gu, Changwon-gu, Changwon-ri, from the Central Market from the middle-ri side to the middle market one way of speeding about 40km in speed.

At the time, there was a crosswalk where signal lights are installed at night, so in such a case, the driver of the motor vehicle had a duty of care to properly see the front seat and accurately operate the steering system for the driver of the motor vehicle, and to see whether there is a pedestrian who flick, the driver of the motor vehicle had a duty of care to proceed in accordance with the new subparagraph.

Nevertheless, under the influence of alcohol, the Defendant got the victim from the front side of the victim G (V, 56 years old) who dried the above crosswalk in accordance with the pedestrian signal on the right side by negligence, in violation of the signal, even though he was negligent in driving the signal, and caused the victim to go beyond the floor.

Ultimately, the defendant is under normal influence of drinking.

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