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(영문) 창원지방법원 거창지원 2013.09.25 2013고단225
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

1. Around 19:20 on July 14, 2013, the Defendant was driving a B low-speed car with approximately 500 meters alcohol level 0.194% while under the influence of alcohol from the front of a restaurant in which the trade name in the Chang-gun, Chang-gun, Chungcheongnam-gun cannot be known to the point in Daegu of 88 Expressway located in the same Eup/Myeon to the point in Daegu of 121.8km in the same Eup/Myeon.

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 B.

At around 19:20 on July 14, 2013, the Defendant continued to drive a two-lane road at a Daegu 121.8km in the 88-lane, Chang-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on the 19:20-lane of the 88 Expressway, as described in paragraph (1) above, at a speed that would not be known in accordance with the two-lanes at the ethbbbbbbbbb, in a state where normal driving is difficult due to alcohol as described in paragraph (1) above

Since there are two-lanes of the way to enter an expressway, in such a case, the driver had a duty of care to reduce the speed to the person engaged in driving service, and to safely drive the front and rear left well, and to prevent the accident by accurately operating the steering wheel and brake system.

Nevertheless, the Defendant, while being under the influence of alcohol as above, was negligent and proceeded as they were, was driven by the victim C(24 years old) who was driving in the same direction as the Defendant, and was driven by the victim C(24 years old).

Ultimately, the defendant driving the above low-speed car in a situation where normal driving is difficult due to the above influence of alcohol, and driving it for about two weeks to the victim C, and driving it for about two weeks to the victim E (the victim E (the 23 years old), who is the passenger of the above C's vehicle, for which medical treatment for about two weeks is required, and for about two weeks to the victim F (the 59 years old) who is the same passenger.

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