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(영문) 전주지방법원 2013.10.16 2013고단1863
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On November 30, 2009, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On March 12, 2012, the Jeonju District Court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

1. Around 23:10 on July 25, 2013, the Defendant driven a C rocketing car under the influence of alcohol content 0.208% from a section of about 2km from the front road to the home pluger’s front road located in Samcheon-dong, Samcheon-gu, Samcheon-si, Jeoncheon-si, Seoul, to the day before the home plug, which is in effect automatic in the same 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 rocketing or other car.

On July 25, 2013, the Defendant driven the said car on July 23:10, 2013, and proceeded along the two-lanes of the four-lane road, one of the four-lanes of the two-lanes of the road, which is located in the Home Pungsan-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) in front of the Home Pung-gu (Seoul Special Metropolitan City).

At the time, the Defendant had a duty of care to secure and proceed with safety distance to avoid when the Defendant stops a motor vehicle with the same situation, as the Defendant was followed by the E rocketing motor vehicle driven by the victim D (ma, 47 years old).

Nevertheless, the Defendant did not immediately find out that the damaged vehicle was stopped for the signal atmosphere due to the negligence of neglecting it while driving normally due to the influence of drinking, and due to the negligence of driving too close to it, and did not avoid it, and received the part behind the damaged vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tension, etc. in need of treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of Statement of Police with D 1.

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