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(영문) 의정부지방법원 2016.08.25 2016고단1612
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On October 20, 2008, the Defendant is engaged in the business of driving C Poter cargo vehicles with a summary order of 2.5 million won, which is sentenced to a fine of 3.5 million won in the same court on July 15, 2009 due to a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on October 20, 208.

1. On April 27, 2016, the Defendant: (a) driven Cpoter cargo vehicles under the influence of alcohol with approximately 0.168% alcohol concentration from the front road of approximately 200 meters, from around 200 meters to the road of the same city, from around 28-9, a 107-9-gil-ro, dong-gu, Gyeonggi-do, Gyeonggi-do; (b) around 11:20 on April 27, 2016.

2. On April 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by danger) and the Road Traffic Act (hereinafter “Road Traffic Act”) driving the said vehicle while under the influence of alcohol at around 11:20 on April 27, 2016, led the Defendant to drive the vehicle at a speed from the front of the Gyeonggi-do apartment site to the parallel speed.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately operating and safely driving the steering system and operating the steering system of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving while driving a motor vehicle normally while driving the motor vehicle on the left side of the road in the direction of the Defendant’s running by negligence, has shocked to the front side of the motor vehicle operated by the Defendant, and continued to drive a private distance intersection without signal, etc., from the same 2,00, to the f. (n. 62 years old) of the victim F. (n. 62 years old) who driven the G bargaining motor vehicle in the direction of the road. Accordingly, the Defendant’s right side side of the said cargo vehicle is completely shocked by the said cargo vehicle, and accordingly, the said vehicle is operated by the victim H by leaving the road.

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