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(영문) 전주지방법원 2013.12.18 2013고단2068
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【Criminal Power】 On July 26, 2007, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 27, 2011, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act from the Gunsan Branch of the Jeonju District Court on May 27, 201.

【Criminal Facts】

1. On July 26, 2013, the Defendant was driving the said vehicle at a 10km section from the front of the Defendant’s house located in the Jeon-gu Seoul Special Metropolitan City through the restaurant located in Songjin-gu, Jeoncheon-gu, Jeonju-si, Jeoncheon-si, Jeoncheon-si, Jeoncheon-si, about 437-1, in the direction of about 10km, while under the influence of alcohol by 0.223% of alcohol concentration in blood, around 03:36, the Defendant was driving the said vehicle.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and Road Traffic Act;

A. On July 26, 2013: (a) the Defendant violated the Road Traffic Act (unex post-accident measures) (hereinafter “Road Traffic Act”), at around 03:36, the Defendant driven a D low-speed motor vehicle while under the influence of alcohol, and proceeds from the speed of 60 to 70km each hour at a speed of 10 km from the long distance, using one lane in front of the 3-lane 111-3 lane in front of the Sogjin-gu Seoul High School in the 111-3-lane 1.

At the time, at night and at the same direction two-lanes, the G rocketing car driven by the victim F was in progress. In such a case, the defendant engaged in driving service has a duty of care to observe and safely drive the wheel and brakes by accurately operating the wheel and brakes.

Nevertheless, the Defendant, under the influence of alcohol, committed the negligence of rapidly changing the two-lanes into the two-lanes and passing ahead by entering the said two-lane, thereby causing the above penter part of the left side of the said rocketing motor vehicle to go back to the right-hand part of the said rocketing motor vehicle, and damages the above rocketing motor vehicle’s penter, etc. to be in excess of KRW 275,000 in repairing cost.

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