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(영문) 대전지방법원 홍성지원 2015.02.04 2014고단741
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2013, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 19, 2013, to a fine of 5 million won for the same crime at the same court on June 24, 2013, and a fine of 5 million won for the same crime at the Seoul Southern District Court on November 11, 2013, to a suspended sentence of one year for six months.

1. On September 26, 2014, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) without obtaining a driver’s license. On September 26, 2014, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 35 km from the section of about 35 km to the road at a point of 0.131% of alcohol concentration at a point of 0.131% located in Boan-si, Sinsan-si, Sinsan-si, Sinsan-si, 544-11.

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 Dchip motor vehicle;

On September 26, 2014, the Defendant driven the said car under the influence of alcohol of 0.131% in blood alcohol concentration at a 01:10%, and driven the said car at a point 177.5 km away from the upstream line of the Western Highway, Seocheon Road, which is located in the Donsan-ri in Bonsan-si, Bon-si, the Defendant changed the lane from the Switzerland to the Taecheon-IC bank.

In the event that there are vehicles in progress on the one lane at the time, so if the vehicle is changed, the vehicle has a duty of care to prevent accidents by operating the direction, etc. in advance, giving notice of the change of the vehicle and changing the vehicle's traffic situation well, only if the change does not interfere with the other vehicle's passage.

Nevertheless, the Defendant’s negligence in the course of duty, where the Defendant attempted to change the lane to a one-lane without considering the surrounding traffic condition while under the influence of alcohol, and the part of the front part of the Fmer trucks driven by the victim E (the age of 34).

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