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(영문) 서울중앙지방법원 2014.07.18 2014고단3423
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

[criminal power] On December 5, 2013, the Defendant issued each summary order of KRW 4 million at the Seoul Central District Court as a fine for a violation of the Road Traffic Act (driving) and KRW 5 million at the Seoul Central District Court on February 18, 2014 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving CK7 cars.

On January 10, 2014, the Defendant driven the said car under the influence of alcohol 0.131% without obtaining a driver's license on January 10, 2014, and driven the said car at a speed that is impossible to accurately identify the two-lanes of the said road depending on the distance of the next hospital in front of the sexual building located in the Gangnam-gu Seoul at the 623-ro, Gangnam-gu, Seoul.

The Defendant, prior to the three-lanes of the same direction, was followed by the Esch Rexroth car driven by the victim D(32 years old), and therefore, the Defendant was engaged in driving service and was obliged to thoroughly perform the duty of care and safely operate the car.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle in close vicinity to the above KS7's right-hand side of the motor vehicle at the above KS7's right-hand side of the motor vehicle and continued to go beyond the median line and continued to go beyond the median line, and received the above KS7's right-hand side part and the penter part of the above KS7's gate in front of the right-hand side of the motor vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a state of being unable to drive normally due to influence of drinking, by negligence in the course of business as above, for about two weeks. A person who violated the prohibition of driving under the influence of alcohol at least two times, and without obtaining a driver’s license under the influence of alcohol.

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