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(영문) 서울동부지방법원 2015.03.04 2014고단3934
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 27, 2007, the Defendant received a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on April 27, 2007 and a summary order of five million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 30, 2009.

【Criminal Facts】

1. On December 2, 2014, the Defendant driven BM car under the influence of alcohol concentration of approximately 0.231% from the 2km section of Seongdong-gu Seoul, Dongdaemun-gu, Seoul, to the 155-ro, Seongdong-gu, Seoul (Seongdong 1A) from the roads on which the Defendant was under the influence of alcohol level of 0.231% from the 2km section.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BMW car;

The Defendant driven the said car under the influence of alcohol concentration of 0.231% on the roads south of Seongdong-gu Seoul Metropolitan Government king of Seongdong-gu 155 (Songdong 1A), with the date and time set forth in paragraph (1), and continued to run the said car at approximately 20km each other at a speed of about four lanes from the northwest of the Hanyang University.

At the same time, motor vehicles are stopped in the atmosphere of signal at night and at the front, so in such a case, those engaged in driving service are prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and they have the duty of care to reduce speed and accurately manipulate the steering direction and the brake system and prevent accidents in advance.

Nevertheless, the part behind the DMW car driven by the victim C(38 years old) who was under the influence of the Defendant due to negligence while neglecting this, is the front part of the Defendant’s driving car.

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