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(영문) 의정부지방법원 2013.09.10 2013고단2363
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant,

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) B i40 is a person engaged in driving a vehicle. On May 23, 2013, when it is difficult to drive a vehicle normally due to the influence of alcohol on May 23, 2013, the part of the road of three-lane 453, which is located on May 453, 201, driving the said vehicle while driving the vehicle at a speed not to be known by one lane from the side of Pocheon City. Since at the time, the vehicle is at night and a place where a yellow-line center line is installed, the vehicle driver has a duty of care to care in advance to prevent the traffic accident by safely driving the vehicle with the driver’s license and keeping it well, while neglecting the duty of care to prevent the traffic accident, the part of the vehicle being driven by the central line in the influence of alcohol, and the part of the vehicle being driven by the victim at the speed of 30,000,000.

2. A person who was issued a summary order of a fine of KRW 3 million at the Jung-gu District Court on May 21, 2007 to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million at the same court on January 24, 2011 to a summary order of KRW 2.5 million for the same crime. On May 23, 2013, a person who had the record of being issued a summary order of KRW 2.5 million at the same court on May 23, 2013, a person driving the said vehicle under the influence of alcohol 0.143% at approximately approximately 2 km from the Do before the Home Stoper’s “The Home Poper’s” located in the Geum-dong from the Do of the Government-si on May 23, 2013 to the 453-dong, Geum-dong, the Government of the Republic of Korea on May 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an employment-taking driver's license, and a report on the status of an employment-taking driver's license;

1. A medical certificate (C);

1. On-site photographs;

1. A previous conviction in judgment:

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