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(영문) 서울남부지방법원 2015.03.20 2014고단3127
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 17, 2012, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 17, 2012, and on December 6, 2010, the same court was sentenced to a fine of two million won by a crime of violating the Road Traffic Act (driving). On July 13, 2007, the Seoul Western District Court was sentenced to a fine of one hundred and fifty thousand won by a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. 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 rocketing siren car.

On July 2, 2014, the Defendant driven the said car under the influence of alcohol of 0.159% with a blood alcohol concentration of 0.159% on July 2, 2014, and led to two-lanes of the two-lane roads in front of the falling apartment located in the New-dong, Yangcheon-gu Seoul Metropolitan Government, along the two-lanes of the width of both instructors from the front-dong bank.

At the time, when a person engaged in driving a motor vehicle at night intends to change the course of the motor vehicle, he/she has a duty of care to operate the direction direction, give prior notice of the change of course, and to change the vehicle line in the manner of the traffic situation before and after the moving.

Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of such drinking as above while it is difficult for the Defendant to drive the motor vehicle on the left by changing the motor vehicle to the left-hand side by negligence, and received the rear part of the motor vehicle from the victim D (the 49-year-old) who was driving along the left-side line of the Defendant, as the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) even though the Defendant had a record of driving under the influence of alcohol more than twice as stated in criminal records, the Defendant is in the same old-dong from the front of the wooden dong in Yangcheon-gu Seoul Metropolitan Government.

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