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(영문) 대전지방법원 2016.04.11 2016고단464
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Power of crime] On November 26, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act at the Daejeon District Court (Seoul District Court), and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on March 28, 201.

On January 19, 2016, the Defendant was sentenced to a suspended sentence of three years on August 27, 2016 for a crime of violating the Road Traffic Act at the Daejeon District Court, and the judgment became final and conclusive on January 27, 2016.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a Cing MK car.

On December 27, 2015, the Defendant driven the said car under the influence of alcohol content of 0.148% among blood transfusion around 02:00, while driving the said car, and driving it along the two-lanes in front of the modern automobile in the legal Dong of Daejeon Seo-gu, Daejeon.

Since the location was an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the part of the left-hand side of the Efrando taxi driving by the victim D (48 S) who is proceeding in the front line by negligence in violation of the signal, as the front part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as blood ples, etc., which requires approximately 8 weeks of medical treatment to the victim D, and injury to the victim FF (57 years of age) who was on board the damaged vehicle, such as damage to the left-hand gate, which requires approximately 6 weeks of medical treatment.

2. The defendant is not a trade name, which is in the middle village of Daejeon-gu, Daejeon, on the same date as the defendant of a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed driving).

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