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(영문) 전주지방법원 군산지원 2014.05.14 2014고단243
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of BRano car.

On March 2, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.170% 0.170%, while under the influence of alcohol around 20:20 on March 2, 2014, and proceeded on a two-lane road of 500 meters in the direction of the Woodo 400 meters in the opposite side of the Gunsan City at a speed of about 70km from the Gunsan-si to the evaculation.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed limit, properly seeing the front door, accurately operating the steering and brakes.

Nevertheless, the Defendant failed to drive a motor vehicle on the right side by neglecting his/her normal driving due to influence of drinking, and failed to drive a motor vehicle on the right side by plucking or digging up the motor vehicle, which is driven by the victim C(37 years of age) who is driven on the two-lanes, and did not find a DNA motor vehicle and shocked the front right side of the damaged motor vehicle by the Defendant, with the front side of the damaged motor vehicle.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the above victim E (the victim E (the age of 33) who took advantage of the damaged vehicle to suffer injuries such as salt ties and tensions that require a two-day medical treatment, and to cause the victim E (the age of 33) to suffer damage to the feasites and tensions that require a two-day medical treatment, and to cause the victim F (the age of 5) to suffer damage to the feasites that require a two-day medical treatment.

2. On January 29, 2007, the Defendant was notified of a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch, and KRW 1.5 million as a fine in the same court on October 27, 2008, respectively.

As above, the Defendant had a record of driving not less than twice.

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