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(영문) 의정부지방법원 2014.08.07 2014고단1544
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 5, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, which was issued by the Suwon District Court on May 31, 2010, a summary order of KRW 2,00,000 as a fine for the same crime, etc. at the Chuncheon District Court on May 31, 201, and on February 12, 2014, a summary order of KRW 5 million as a fine was issued by the Suwon District Court on the same crime.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Defendant in violation of the Road Traffic Act are the drivers of B MT cars, and on April 12, 2014, around 22:50, the Defendant driving the said car with a blood alcohol concentration of 0.151% under the influence of alcohol without a driver’s license, and driving the said car along three-lanes in the direction of 5.3 km in the direction of Jyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

At the same time, it is not easy to secure the view at night, and the victim C(n, 37 years old) driver D's automobile is in the same lane, so in such a case, the driver of the vehicle has a duty of care to ensure the safe operation by securing the safety distance with the front vehicle and operating the operation and steering system properly.

However, the Defendant was negligent in driving on the front part of the Defendant’s vehicle in a state where normal driving is difficult due to the influence of alcohol, such as rhythm and rhyming with red, and received the rear part of the Defendant’s vehicle with the front part of the vehicle, and due to its shock, the Defendant was able to get the central separation zone installed at the center of the road while being pushed down in the future.

At the same time, the Defendant suffered brain-dead, etc. for about two weeks of medical treatment due to the above occupational negligence, and at the same time damaged the damaged car by exchanging the damaged car with the front panion so that approximately KRW 10,590,072 of its repair cost can be raised.

2. The Defendant violates the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at least twice as above.

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