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(영문) 서울동부지방법원 2014.04.03 2014고단220
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

【Criminal Power】 On November 17, 201, the Defendant has a record of having received a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on November 17, 201, and a fine of KRW 3.5 million for the same crime at the same court on August 16, 2013, respectively.

【Criminal Facts】

1. Around 06:00 on October 31, 2013, the Defendant driven B-be under the influence of alcohol level of 0.104% without obtaining a driver’s license in the section of about 18 km from the 18km to the locked-dong, Songpa-dong, Songpa-gu, Seoul, to the locked-dong road.

2. The defendant is a person engaged in driving a freight vehicle B in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On October 31, 2013, at around 06:00, the Defendant driven the above cargo vehicle under the influence of 0.104% alcohol alcohol level without obtaining a driver's license on October 31, 2013, and led to a four-lane road in front of diving and apartment in Songpa-gu Seoul, Songpa-gu, Seoul, about 60km along the three-lane distance from the Han River Park.

Since there are crosswalks where signal lights are installed, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes by reducing speed and accurately manipulating other vehicles driving on the front side.

Nevertheless, the Defendant, while under the influence of alcohol without obtaining a driver’s license, was under the influence of alcohol while driving a stroke, and was parked in the three-lane course according to the stop signal as it was driven by negligence while driving the stroke without a driver’s license, and was under the influence of the Defendant’s driver’s license, followed the victim C(55 years old) driving to the fronter of the Defendant’s truck.

Ultimately, the defendant is under normal influence of drinking.

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