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(영문) 의정부지방법원 고양지원 2016.05.27 2016고단402
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 7, 2004, the Defendant was issued a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act (drinking driving), and on July 14, 2012, the same court issued a summary order of 1.5 million won of a fine due to a violation of the Road Traffic Act (drinking driving), and on May 13, 2014, the same court issued a summary order of 2.5 million won of a fine due to a violation of the Road Traffic Act (drinking driving) in the same court.

1. On November 18, 2015, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) led the Defendant to turn to the daily market from the edge of the village where the mountain village 10 of the mountain village was located in the Yansan-gu, Seoyang-gu, Busan-si, in a state of alcohol content 0.127% under the influence of alcohol during blood at around 04:10 on November 18, 2015.

Since there is a private distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, keep the front door well well, and safely drive the signal.

Nevertheless, the Defendant neglected to drive the vehicle at the right time in the situation where it is difficult to drive the vehicle due to influence of alcohol and neglected to drive the vehicle at the right time, and due to the negligence of left-hand, left-hand turn at the opposite direction of the Defendant’s driving, the front part of the victim C ( South, 43 years old) driving, which was straighted in the opposite direction of the Defendant’s driving.

Ultimately, the Defendant, by occupational negligence, injured the above victim C with salt, tensions, etc. in need of approximately two weeks of medical treatment, and inflicted injury on the victim E ( South Korea and 26 years of age) who was the passenger of the victimized vehicle, such as strings, etc. of double walls that require approximately three weeks of medical treatment, and at the same time damaged the victim C’s car, which is the victim C’s ownership, to receive repair costs equivalent to KRW 16,79,605, such as the exchange of strings.

2. Violation of traffic laws on roads, and violation of traffic laws on roads;

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