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(영문) 전주지방법원 2014.11.21 2014고단1564
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 19, 2006, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On February 25, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court.

【Criminal Facts】

1. On August 3, 2014, at around 00:32, the Defendant driven CM7 car under the influence of alcohol concentration of about 0.244% from the 4km section from the 4km to the Jinsan-gu in the front of the cross-dischilling road in Samcheon-gu, Samcheon-gu, Seoul Special Metropolitan City to the Jinsan-gu white-gu white-gu.

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 CM7 car;

On August 3, 2014, at around 00:32, the Defendant driven the said car while under the influence of alcohol as above, and led the said car to proceed to a speed of about 40 km from the 6-lane of the tunnel to the direction of the unification square on the side of the tunnel.

At the time, the Defendant classified the breath under the influence of alcohol as above, and the snow was breathed, and the brupt distance was in a state where normal driving was difficult, such as the brupt distance, and the brush was in a state where the brupt of the front and the front end was flow, and thus, the Defendant had a duty of care to reduce speed and safely drive the brupt and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected this and found the EK5-si operated by the victim D(59 years of age) who was in the front of the vehicle driven by the Defendant due to the negligence of neglecting the front time of the vehicle while under the influence of alcohol, late behind the EK5-si operated in accordance with the stop signal in front of the vehicle driven by the Defendant, and operated the vehicle rapidly, but did not avoid the situation, and received the back part of the said K5-si as the front part of the Defendant’s SM7-car.

Ultimately, the Defendant is drinking as above.

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