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(영문) 서울남부지방법원 2013.11.20 2013고단1993
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On February 1, 2013, the Defendant appealed to the Seoul Southern District Court for a suspended sentence of two years and six months, due to the crime of conflict, etc., but the appeal was dismissed on September 26, 2013, and the said judgment became final and conclusive on October 5 of the same year.

1. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of a C-wing truck subject to mandatory insurance.

While the Defendant did not purchase mandatory insurance from June 17, 201 with respect to the said motor vehicle, the Defendant driven the said motor vehicle on May 30, 2013, by driving the said cargo vehicle at an six-lane from the inside of the road of the city interesting 7-lane in the direction of Sinsidong, Geumcheon-gu Seoul Metropolitan Government to the street of the horse located at No. 1031, Mosan-dong, Geumcheon-gu, Seoul Metropolitan Government from May 30, 2013.

2. Around 03:30 on May 30, 2013, the Defendant was driving a C-wing cargo vehicle while under the influence of alcohol of about 0.303% of the blood alcohol concentration without obtaining a driver’s license in a 300-lane section, depending on the six-lane road from the vicinity of the C-Sopagas filling station to the C-Sastal Istal in the direction of Sinstal Istal in the direction of Sinstal in the direction of Sinstal in the direction of Sinstal in the direction of Sinstal in the direction of the end of the 7-lane road.

3. On May 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving a C wing-FF truck at C on May 30, 2013, led to the progress of the horse death distance on the side of Geumcheon-gu Seoul, Geumcheon-gu, to the Silung ICT along six-lanes of the road between the two-lanes.

At the time, the signal was installed at night and at the front place, so in such a case, the driver had a duty of care to safely drive the driver in accordance with the good faith while reducing the speed and driving the driver.

Nevertheless, the Defendant is driving the foregoing cargo while under the influence of alcohol as described in the foregoing paragraph (2).

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