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(영문) 대전지방법원 홍성지원 2016.05.24 2016고단156
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 2, 2013, the Defendant was issued a summary order of KRW 7 million for a violation of road traffic law (drinking driving) in the Hongsung Branch of the Daejeon District Court on May 2, 2013, and on February 6, 2014, issued a summary order of KRW 7 million for the same crime in the same court.

[Criminal facts]

1. Around December 27, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was driven by a driver at the front of the road along the intersection of 0.122% under the influence of alcohol concentration in the blood at the intersection prior to the intersection of the riran city located in the Chungcheongnam-nam Budget-gun.

Since signal lights were installed in the intersection and the signal waiting vehicles were stopped in the front section, there was a duty of care to properly operate the brake system while living well in the front section.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence and failure to properly operate the brake system, and was under the influence of the victim C(44) who was under the influence of the signal, and was under the influence of the Defendant’s vehicle’s back part of the DNA driver’s vehicle driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the victim E (the age of 38) who was on board the said No.S. car and suffered about two weeks of light clock and tension in need of two weeks of light clock and tension.

2. On December 27, 2015, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license), even though he had a history of driving two or more times of drinking alcohol, the Defendant is an intersection of the large-scale street from the roads of the Gun Office in the budget Eup located in the Chungcheongnam-nam Budget-gun, Chungcheongnam-gun, Seoul Special Metropolitan City on December 27, 2015 to the roads of the same Eup.

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