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(영문) 제주지방법원 2015.08.20 2015고단795
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 6, 2007, the Defendant was notified of a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court on August 6, 2007. On February 24, 2011, the Defendant was notified of a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act at the Jeju District Court on February 24, 201. On September 6, 2012, the Defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years for the same crime of violating the Road Traffic Act. On April 14, 2015, the Defendant was notified of a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act.

Criminal facts

1. Around 00:34 April 15, 2015, the Defendant was driving a Cre-2 car under the influence of alcohol leveling 0.186% from a section of about 2 km to the north side of the 490 km hotel in Chocheon-si, Chocheon-si, Jeju-si, the 62-10-ro, Sincheon-ro 1-ro, Chocheon-si, Jeju-do, Jeju-do, Jeju-do, to the 62-10-ro, Jeju-do, Jeju-do, Jeju-do, Jeju-do, Jeju-do, Jeju-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 car C Le-2.

On April 15, 2015, at around 00:34, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, and led the road on the north side of the Hadgland hotel to the Haduk Bathing beach located on the north side of the Haduk-gu.

At the time, it is night, and it is a main road of a two-lane back, so the driver of the motor vehicle has a duty of care to live well in the front left and to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving in a state where normal driving is difficult due to influence of drinking.

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