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(영문) 청주지방법원 2013.07.26 2013고단598
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 October 31, 2001, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court for a violation of the Road Traffic Act (driving) as well as a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court on March 31, 201, and on March 22, 201, a summary order of KRW 1 million was issued by the Cheongju District Court for a crime of violation of the Road Traffic Act (driving) respectively.

【Criminal Facts】

1. At around 23:00 on March 28, 2013, the Defendant driven CNp motor vehicle under the influence of alcohol by 0.109% without a driver’s license on a section of about 2km from the 2km to the road near the entrance of a new town located in the Cheongju-gun internal Eup located in the Cheongju-si, Sin-si. The Defendant driven CNp motor vehicle under the influence of alcohol by 0.109% without a driver’s license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is engaged in driving of CNp motor vehicles. On March 28, 2013, the Defendant, at around 23:00, was under the influence of alcohol, to turn to the left at the entrance of the Cheongju-si, the intersection at the entrance of the Cheongju-si internal Eup/Myeon at the Cheongju-si at the Cheongju-si.

At the time, it was an intersection where a signal was installed at night, so a person engaged in driving of a motor vehicle shall not operate a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and there was a duty of care to report the traffic situation well and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, the defendant's negligence, which caused the 0.109% alcohol concentration in the blood alcohol level, divided the horses into 0.109%, neglected the above duty of care while the face is red and left left at the right angle, thereby making a direct turn to the left.

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