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(영문) 의정부지방법원 고양지원 2016.01.28 2015고단3552
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

[criminal record] The defendant was issued a summary order of KRW 1 million on October 9, 2002 by the government branch of the Seoul Western District Court as a crime of violating the Road Traffic Act (dacting driving). On March 14, 2008, the defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving), and on March 12, 2009, on March 12, 2009, the defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts]

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

On November 1, 2015, the Defendant proceeds along the two-lanes from the middle east to the middle east of the four-lane distance from the village of the mountain village in the mountain, Seosan-gu, Seosan-gu, Busan-do at the ancient city.

As a long-distance road where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed, to live well before it, and to safely drive the signal.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle while driving the vehicle even though it was a stop signal, and the Defendant was driven by the victim C(57) who was waiting in the front direction of the Defendant’s driving of the signal at the front direction of the Defendant’s driving, and the part behind the driver’s vehicle was followed by the Defendant’s driver’s vehicle.

After all, the Defendant, by negligence in the above business, suffered injury to the above victim C, such as dynasium for about two weeks in need of medical treatment, and injury to the victim E (35 years) who is the passenger of the victimized vehicle, such as brain synasium for about two weeks in need of medical treatment.

2. On November 1, 2015, the Defendant violated the Road Traffic Act (drinking driving) at around 03:00, the blood alcohol level 0.0% from the blood alcohol level 0.0% to the village distance of the mountain village located in the same Gu from the roads near the sports center that is located in the Seo-gu, Seosan-gu, Seosan-dong at a high speed of around 03:0.

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