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(영문) 의정부지방법원 2016.09.30 2016고단2035
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a car in the SPP area in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 19, 2016, the Defendant driven the said car under the influence of alcohol content 0.121% during blood transfusion 02:20 on April 19, 2016, and continued to drive the said car at a speed of about 50 km per annum in the middle of the Jinyang-si in Gyeonggi-do, Jinyang-do, with 1-lane each other in the middle of the parallel.

At that time, there was a vehicle waiting for the signal prior to the defendant's moving direction, so there was a duty of care to prevent the accident in advance by driving the vehicle safely, such as thorough operation of the front hour and accurate operation of the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating the brakes accurately and negligently, was driven by the victim D(47 S) who is waiting for a signal, and was driven by the Defendant in front of driving the back part of the E rocketing personal taxi.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered approximately two weeks of high-speed salt in need of treatment for the said victim for about three weeks, and to F (37 Do) who is the passenger of the damaged vehicle, respectively, for about two weeks of treatment.

2. On March 17, 2010, the Defendant issued a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act at the District Court of the Jung-gu District Court on March 17, 201, and on December 16, 201, the Defendant was issued a summary order of KRW 2 million as a fine for the same crime at the same court.

The Defendant driven the car described in paragraph (1) while under the influence of alcohol content of approximately 2 km from the 2km section to the place described in paragraph (1) on the road near the gymnan-si in the Namyang-si in the Gyeonggi-si. The Defendant was under the influence of alcohol of about 0.121%.

Accordingly, the defendant is prohibited from driving alcohol.

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