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(영문) 의정부지방법원 2015.01.23 2014고단3870
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

[criminal power] On March 29, 2012, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court on March 29, 2012 due to a violation of the Road Traffic Act (driving) and on April 1, 2013, a fine of KRW 8 million from the Seoul Northern District Court on April 1, 2013.

【Criminal Facts】

1. On August 28, 2014, the Defendant was driving a C L-Wing Motor Vehicle under the influence of alcohol level of about 0.279% at the section of approximately 300 meters from the road before the K-Wing Station of the K-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing Station of the K-Wing-Wing-Wing Police Station, without a driver’s license, on August 18, 2014

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a C L-Wing Car

The Defendant, while under the influence of alcohol concentration of 0.279% at the time of paragraph (1), was driving the said vehicle with the alcohol concentration of 0.279%, and the two lanes prior to the 2nd Do Government Police Station, Dong-si, Dong Government Police Station, Dong-si, would proceed along the two lanes prior to the central intersection.

At the time, the victim D(54 years old) E-car was stopped for the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to safely operate the vehicle by properly operating the steering gear and the steering gear.

Nevertheless, the defendant is able to hold a red light on the face, rhym the horse, and the defendant's vehicle is faced with the back part of the above ready light as the front part of the defendant's vehicle due to the negligence that the defendant's vehicle is difficult to drive normally due to the influence of alcohol, such as unsurging and walking.

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