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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1630
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2, 2012, the Defendant was issued a summary order of a fine of three million won in the same court on July 26, 2013 with the same offense as a crime of violating the Road Traffic Act (driving) at a high-level district court's high-level support on November 2, 2012.

On May 28, 2016, the Defendant driven a DMW car under the influence of alcohol level of about 0.136% in the section of about 4km from May 28, 2016 to the front road of apartment complex 1 in the middle village located in the same Sinsan-gu, Sinsan-gu, Sinsan-si.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

2. On May 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) driving the said vehicle as his/her duties in a situation where it is difficult to drive the vehicle normally while under the influence of alcohol, as described in paragraph (1) around 07:40 on May 28, 2016, the Defendant had a duty of care to reduce the speed to those engaged in driving of the motor vehicle and to safely proceed with the road of four lanes in front of the apartment complex in the middle-gu, Busan Metropolitan City at the height of the Goyang-gu, Busan Metropolitan City.

Nevertheless, the Defendant, while neglecting the foregoing signals while under the influence of alcohol, failed to avoid the driver’s driver’s driver’s car to turn to the left on the opposite line due to the negligence of disregarding the foregoing signals even though they were a vehicle stop signal, and did not avoid the driver’s driver’s car of the victim E(45 years old). The Defendant received the right side part of the damaged vehicle due to the front driver’s car.

Ultimately, the Defendant was driving a motor vehicle in a state where it is difficult to drive it normally due to influence of drinking.

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