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(영문) 청주지방법원 2013.11.13 2013고단1145
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:20 on June 28, 2013, the Defendant was driving a vehicle of approximately 5km in the section of about 0.20% of blood alcohol concentration at the 5km from the front of a restaurant in the mutual and microscopon-dong, Chungcheongnam-gu, Chungcheongnam-si to the end of the end of the amamscopon-dong in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in the business of driving Category B New Zealand XD;

On June 28, 2013, at around 20:20, the Defendant driven the said motor vehicle under the influence of alcohol, and driven the two-lane road in front of the Sinju-si Sinju-si Sinju-si Sinju-si, in accordance with paragraph (1), along the two-lane road in front of the Sinju-gu Sinju-gu Sinju-si.

At night and at night there is an intersection where signal lights are installed at the front, the Defendant had a duty of care to thoroughly keep the front-way and ensure safety distance and prevent accidents in advance, inasmuch as the Defendant was followed by the Dunna vehicle driven by the victim C(55 years old) prior to the same direction by the victim C(55 years old).

Nevertheless, the Defendant was under the influence of alcohol with 0.202% of blood alcohol concentration, neglected to perform such duty of care in the state of red view. Despite the fact that the signal from the front is changed to the stop signal, the Defendant did not discover the above rocketing and other vehicles in the signal atmosphere, and received the back part of the above rocketing and other vehicles as the front part of the said new-ray XD vehicle, and again received the back part of the victim E (the 41-year-old driver), a victim E (the 41-year-old driver), who was in the atmosphere of the above new-ray XD vehicle, in front of the left part of the said vehicle.

Ultimately, the Defendant committed an occupational negligence to the victim C.

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