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(영문) 의정부지방법원 고양지원 2014.12.12 2014고단2219
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a AB Benz car

On September 26, 2014, the Defendant driven the said car while under the influence of alcohol of 0.196% of blood alcohol concentration 0.23:45, and led the Defendant to drive the said car in the direction of the Government in the direction of the driving direction, depending on one-lane between the two-lanes of the original sexual breeding bridge located in Soyang-gu, Seoyang-gu.

At the time, the place is night and the center line of yellow-ray is installed, and in such a case, the driver of the vehicle has a high risk of traffic accidents. In such a case, the driver of the vehicle has a duty of care to maintain the safety distance with the front vehicle and to prevent the traffic accident in advance by safely driving along the lane, while keeping the safety distance with the front vehicle in good mind.

Nevertheless, the Defendant neglected this and did not keep the safety distance with the front vehicle without looking at the front while under the influence of alcohol, and caused the back portion of the victim AC (In women, 35 years old) driving ADSM2(SM5) driving in front of the Defendant’s vehicle to go ahead of the front vehicle, and caused the above SM5 car to go ahead of the center line, and caused the victim AE (32 years old) driving car under the influence of the Defendant to go ahead of the center line.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol and driving the motor vehicle to the hospital of 00:15 on the following day, is due to the severe brain damage to the victim AG (n, 31 years of age) who was driven by the motor vehicle at the above 00:20 on the following day, brought the victim AH (30 years of age) who was driven by the same motor vehicle to the hospital for the same reason, resulting in the death of the victim AH (30 years of age) who was driven by the same motor vehicle at the hospital of the same 28:38 on the 28th of the same month, and requires the above victim AE to receive approximately 12 weeks medical treatment.

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