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(영문) 부산지방법원 동부지원 2013.12.10 2013고단2904
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 11, 200, the Defendant was sentenced or notified of a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch on February 11, 200, and the same court on June 27, 2002 for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 16, 200, for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 16, 200, a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 16, 200, and the above judgment and summary order became final and conclusive.

On August 14, 2013, at around 22:10, the Defendant driven a Ccoon car with a blood alcohol concentration of about 0.116% from the front of the Red Cross Hospital located in Chang-gu, Chungcheongnam-gun, Chungcheongnam-do to the point of 95.6km in Yong-si, Young-si from around 70km to the 95.6km of the Gancheon-si.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol even though he has violated Article 44 (1) of the Road Traffic Act more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car in the above coaches.

At around 22:10 on August 14, 2013, the Defendant, along the two-lane road located in the main road of Yongcheon-si, Incheon, along the two-lane road from Daegu to Busan, along the two-lane road at a point of 95.6km.

In such cases, a person engaged in driving of a vehicle has a duty of care to change the lanes of other vehicles driving along the lane that he/she intends to change course.

Nevertheless, the Defendant neglected to do so and neglected to 0.116% of blood alcohol concentration and neglected to keep on the right while under the influence of alcohol and neglected to change the course of the victim's DNA driving with two lanes in the same direction.

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