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(영문) 의정부지방법원 2015.05.28 2015고단340
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On November 7, 2007, the Defendant was issued a summary order of KRW 500,000 by the Seoul Central District Court for a crime of violation of the Road Traffic Act (driving). On April 6, 2011, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court for a crime of violation of the Road Traffic Act (driving). The Defendant is a person engaged in driving of a DNA cargo vehicle.

On November 7, 2014, at around 00, the Defendant driven Dpoter cargo vehicles with a blood alcohol concentration of 0.168%, and proceeded along the two-lanes in the direction of the wholesale market located in Dong-gu, Dong-gu, Dong-gu, 148, 15 lanes.

In such cases, a person engaged in driving of a motor vehicle shall not change course in a way that is likely to impede traffic, and has a duty of care to carefully look into the traffic situation and drive the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and changed the course from the two lanes to the three-lanes, which led to the change of the way from the two lanes to the three-lanes, and the FSS5 car of the E Driving, which proceeded with the three-lanes in the same direction, changed the course to the right-hand side of the Defendant’s vehicle, and continued four-lanes in the same direction, the front left-hand side of the G Driving’s HBS10CN bus, into the front left-hand side of the

Ultimately, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, drives a cargo vehicle under the influence of alcohol again. The Defendant, while driving a cargo vehicle under the influence of alcohol such as red and galping, who was on board the city bus while driving a cargo vehicle under the influence of alcohol such as a long distance, suffered injury to the victim I (50 years of age) who was on board the city bus due to the need to provide approximately two weeks medical treatment, such as salt, tension, etc., of the said breath, and suffered injury to the victim J (18 years of age) of the same passenger, who is the same passenger, for about two weeks medical treatment.

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