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(영문) 창원지방법원 2014.11.11 2014고단2108
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Changwon District Court on May 6, 2008; the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the same court on January 19, 2009; and the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime at the same court on November 18, 2009.

On July 4, 2014, at around 17:15, the Defendant driven a e-cub vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.224% from the front of a mutually influorian apartment in the same city, which is located in the same city, from the Do in front of an influoral restaurant, to the front road of the Utotopy apartment street in the same city.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) was a person driving the said car, while under the influence of alcohol as above, driving the said car on the date and time set forth in Paragraph 1, and driving on the road in front of the Nantopy apartment distance in the Ganhae-si, Kimhae-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and did not live well in the front while under the influence of alcohol content 0.224%, and was negligent in driving as it is. The Defendant received a part of the front part of the said car driven by the victim F (the 40-year-old) who was waiting in the front line to the front part of the car driven by the Defendant.

Ultimately, the Defendant caused the injury to the Victim F by occupational negligence to the victim F, such as salt, tension, etc., which requires approximately three weeks of medical treatment, and was accompanied by the damaged vehicle.

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