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(영문) 의정부지방법원 고양지원 2016.01.06 2015고단2715
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 4, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Incheon District Court’s Branch Branch, and on October 4, 2013, the Defendant received a summary order of KRW 5 million as a fine for the same crime from the Jung-gu District Court’s High Court’s High Court’s High Court’s High Court’s Order of KRW 4 million.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a motor vehicle in Pakistan.

On July 11, 2015, the Defendant driven the said car under the influence of alcohol level of 0.181% from blood alcohol level around 22:32 on July 11, 2015, and continued to drive the said car in the vicinity of Kintex Stex in accordance with the Seo-gu, Seoyangyang-gu, Goyangyang-si.

In such cases, a person engaged in driving service has a duty of care to maintain the safety distance with the vehicle in front, to take the front side and the left side well, and to prevent the accident by accurately operating the machinery.

Nevertheless, the Defendant 1 neglected to drive the vehicle at the front time in a situation where normal driving is difficult due to the above influence of drinking, and was negligent in driving the signal waiting as it is, for the purpose of waiting the signal, the Defendant 2: (a) was driven by the victim C (35) who was standing in front of Defendant 1’s vehicle, and the part behind the Defendant 2’s vehicle was driven by the victim C(35).

As a result, the defendant suffered from the above occupational negligence in the victim E (the 65 years old) the catum cat, etc. requiring approximately two weeks of treatment, and the catum cat, etc. requiring approximately two weeks of treatment to the victim F (the 58 years old), the victim F (the 58 years old), and the victim G (the 35 years old), respectively, the victim H(the catum cat, etc. requiring approximately two weeks of treatment, and the victim H (the 32 years old) the catum catum in need of approximately two weeks of treatment.

2. The defendant is in violation of the Road Traffic Act at the same time as stated in paragraph (1).

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