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(영문) 의정부지방법원 2014.06.26 2014고단1255
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

On March 2, 2007, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on March 2, 2007, and a summary order of KRW 3 million as a fine in the same court on December 26, 201.

On February 9, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving a vehicle with blood alcohol concentration of 0.148% without obtaining a driver’s license on February 9, 2014, and was driving a vehicle of Category C with three-lanes in front of the regratory distance located in the Guri-si, Geumyang-si, the Defendant proceeded along two-lanes from the intersection to the port of Southern-si, Namyang-si.

At night and at that time, there was a remote intersection where traffic signals are installed, so there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with traffic signals and checking the front left.

However, due to the negligence of the Defendant’s failure to perform the above duty of care, even though the traffic signal was a stop signal, the part of the victim’s Eone Star in driving D(45 years old), which was left left by the traffic signal from the right side of the running direction of the Defendant’s car, was sent to the front part of the Defendant’s car.

Ultimately, the Defendant, who violated two or more times the prohibition of driving under the influence of alcohol, drives a motor vehicle under the influence of alcohol again. The Defendant, while driving a motor vehicle under the influence of alcohol due to the influence of alcohol, suffers from the injury of climatic salt, etc. which requires approximately three weeks of medical treatment to the victim F., who is the passenger of Lone Star bus, for approximately three weeks of medical treatment to the victim F., who is the passenger of the same passenger, by driving the motor vehicle under the influence of alcohol. In addition, the Defendant suffered from the injury such as climatic salt, etc. which requires approximately three weeks of medical treatment to the victim G (the victim of the same passenger) for about three weeks of medical treatment.

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