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(영문) 서울북부지방법원 2014.11.11 2014고단3126
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2009, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act, etc. at the Daejeon District Court on March 6, 2009, and a fine of 2.5 million won or more for a violation of the Road Traffic Act, etc. at the Daejeon District Court on July 23, 2010, respectively.

On August 28, 2014, at around 01:10, the Defendant driven a Bnish-do car from approximately 500 meters section to the front road of the Dobong-gu Seoul Dobong-gu Fire Station, which is located in the Dobong-gu Seoul Metropolitan Government Dobong-gu, while under the influence of alcohol level of 0.153%, from around 50 meters to the front road.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol, in violation of the provision that anyone shall not drive the motor vehicle while under the influence of alcohol more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car B.

On August 28, 2014, at around 01:18, the Defendant driven the said car while under the influence of alcohol with 0.153% of blood alcohol concentration, and led the school distance in the Dobong-gu Seoul Metropolitan Government Dobong-ro to the public health clinic as the 3-lane of the five-lane road from the Dobong-gu basin to the public health clinic.

The location is the place where the center line of yellow solid lines is installed as a private road immediately preceding the distance, and the U.S. is not permitted. In such a case, there was a duty of care to make a U.S. driver to not make a U.S. driver beyond the center line.

Nevertheless, the Defendant neglected this and breaddddd the front part of the victim C(59 years old) driving, which was driven in a manner that is attributable to the negligence of an interning the central line under the influence of alcohol as above, with the front part of the victim C(59 years old) driving.

Ultimately, the defendant is driving normally due to the influence of drinking.

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