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(영문) 대전지방법원 서산지원 2015.01.16 2014고단733
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to six months of imprisonment and two years of suspended execution as declared by the Daejeon District Court on November 15, 2013 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seosan Branch of the Daejeon District Court on November 15, 2013, and the judgment became final and conclusive on November 23, 20

【Criminal Facts】

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

At around 23:55 on May 17, 2014, the Defendant driven the said rocketing car under the influence of alcohol concentration of 0.182% in blood, while driving the said rocketing car in the vicinity of the public forest Tricheon-dong in Seocheon-si, Seocheon-si, Seocheon-si, and led to the Defendant to proceed along the three-lanes between the two-lanes, on the surface of recognition from the sacheon-distance flood protection area.

At night and in front of the defendant's driving direction, motor vehicles waiting in the signal signal at one lane in accordance with the red signal such as the front signal are stopped, so in such a case, the driver of the motor vehicle has a duty of care to properly operate the brake system by keeping the front door well and properly operating it.

Nevertheless, the defendant neglected to operate the operation system and failed to properly operate the operation system under the influence of alcohol and failed to stop so that the defendant would take the front part of the FM7 vehicle's drive by the victim E (the age of 47) who was waiting for left-hand turn in the direction of the defendant's operation and take the part of the FM7 vehicle's drive as the front part of the FM7 vehicle's drive in the direction of the defendant's operation, so that the above SM7 vehicle can get the front part of the H SP car operated by G which was under the signal while driving in the direction of the signal, and next, while driving into the opposite lane beyond the central line, the victim I (the age of 30) is driving the front part of the vehicle's seat in the direction of the defendant.

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