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(영문) 의정부지방법원 고양지원 2014.01.17 2013고단2127
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 April 17, 2003, the Defendant received a summary order of KRW 1,50,000 from the Seoul Western District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on April 15, 2008, a fine of KRW 1,50,000 as a fine for violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 12:00 on November 2, 2013, the Defendant: (a) driven C-wing freight 500 meters in a state of alcohol alcohol alcohol concentration of 0.21% from the roads near the ridge elementary school located in Gyeyang-gu, Seoyang-gu; (b) to the roads in front of the SKju station located in Seoyang-gu, Seoyang-gu, Seoyang-gu; and (c) the Defendant driven C-wing freight 50 meters in a state of under the influence of alcohol concentration of 0.21%.

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 freight cars with C wing and fixed freight.

On November 2, 2013, the Defendant driven the above cargo while under the influence of 0.211% of alcohol concentration in blood on November 12, 2013, and driven the above cargo along the two-lanes from the ridge distance to the skju distance from the ridge distance.

At the time, the Defendant was a rain-free day, and the Defendant was behind the victim D (the age of 56) driver's car ahead of the same direction, and thus, the driver was obliged to take a duty of care to prevent accidents and safely drive the car by preventing accidents from occurring and ensuring safety distance when the car stops in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and brought about the back part of the victim's driver's car in the signal signal waiting in accordance with the new subparagraph at the bend bank due to the negligence of driving in a state where normal driving is difficult due to the influence of drinking as above.

Ultimately, the Defendant is in a state where normal driving is difficult due to influence of drinking.

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