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(영문) 서울남부지방법원 2015.03.12 2015고단159
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On May 2, 2007, the Defendant was sentenced to a fine of 1.5 million won by a Seoul Central District Court for a crime of violation of the Road Traffic Act (driving) and the same year.

7. A sentence of a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court on February 26, 2009; or a fine of three million won for a violation of the Road Traffic Act at the Ansan District Court on February 26, 2009; and the same year;

9. 16. The Seoul Southern District Court was sentenced to a suspended sentence of two years for the six-month imprisonment due to a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B car;

On November 13, 2014, at around 00:36, the Defendant driven the said car while under the influence of alcohol with 0.123% of alcohol concentration 0.123%, and driven the front road of Gangseo-gu Seoul Metropolitan Government along the three-lane road from the dives of the capital basin to the dives of the capital basin, while driving the road in front of Gangseo-gu Seoul Metropolitan Government along the three-lane road from the dives of the capital basin.

At night, the road is a 4-lane road where a lane is installed, so a person engaged in the vehicle driving business is required to accurately manipulate the steering gear, brake system, etc. of the vehicle so that it does not interfere with the normal traffic of other vehicles running in the direction of the change, and change the course safely.

Nevertheless, under the influence of alcohol, the Defendant failed to take into account the traffic of other vehicles running in the direction of changing and driving a motor vehicle in which normal driving is difficult due to the influence of alcohol, and due to the negligence of changing the course of the vehicle, and thereby, was driven by the victim D(44 years old) driving along the four-lanes of the road.

Ultimately, the Defendant’s negligence in the course of performing the same duties is weak to the victim.

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