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(영문) 의정부지방법원 2015.05.29 2014고단4074
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 4074]

1. A person who is engaged in driving cars B and III cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving

On August 20, 2014, the Defendant driven the above cargo while under the influence of alcohol 0.209% with blood alcohol concentration around 13:40 on August 20, 2014, and led the road of one-lane in front of the Iron-gun, Gangwon-do, to the direction on the direction of subrogation from the direction of the dial distance.

Since there was a road bended by one lane, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the front section and the right and the right and the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant, while driving without neglecting the above duty of care due to the above influence of drinking, was driven by the victim D (the aged 24) who was trying to turn to the left at the entrance of the village hall at the front of the Defendant at the 6th century while driving the motor vehicle due to the above influence of drinking, and received the parts behind the motor vehicle of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered from the injury of the victim D and the victim F, who is the passenger of the said passenger car with the foregoing occupational negligence, for approximately two weeks of medical treatment, such as satitis, tension, etc.

2. The Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) at the time and time set forth in paragraph (1) and driven the above cargo while under the influence of alcohol of about 0.209% without obtaining a driver’s license from the Do located in the 2Km section from the Do in the Dong-gun, Dong-gun, Gangwon-do to the place set forth in paragraph (1).

[202] On March 28, 2015, the Defendant: (a) around 16:28, 2015, the Defendant used to obtain a driver’s license in approximately 10K section from around the dry field that was leased by the Defendant in Gyeonggi-gun G to the tri-ri distance in the same Gun-Eup.

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