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(영문) 대구지방법원 서부지원 2012.12.27 2012고합429
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 February 19, 2008, the Defendant has the power to issue a summary order of KRW 3 million for a fine of KRW 5 million for a violation of the Road Traffic Act, as a crime of violation of the Road Traffic Act, at the Seog branch court of the Daegu District Court on February 19, 2008, and at the Seog branch court of the Daegu District Court on April 30, 2012, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act.

On September 30, 2012, at around 16:00, the Defendant driven Crea car with a blood alcohol concentration of about 0.168% under the influence of alcohol without obtaining a driver’s license from a section of about 70 km from the front day of the Defendant’s mountain road located in the Seogu-gu, Seogu, Seogu, Seoul, to the front day of the Daegu-gu, Seogu.

2. 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 C recreation car;

At around 16:00 on September 30, 2012, the Defendant driven the said car, leading to the direction of the Southern Daegu Ballle, which is located in the Calsungdong in Daegu Seo-gu, Seogu, to the direction of another Daegu Ballle.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, as stated in Paragraph 1, was negligent in driving under the influence of alcohol and due to the delay in front of the Defendant’s vehicle, was driven by the victim D(22 years of age) who was under the influence of alcohol due to the delay in front of the vehicle in front of the Defendant’s vehicle, and the victim F(46 years of age) who was under the influence of the vehicle in front of the Defendant’s vehicle was driven by the front driver of the Defendant’s vehicle, and due to the shock, the Defendant got the rear driver of the vehicle in front of the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant is driving the said car in a situation where it is difficult to drive the car normally due to the influence of drinking as above.

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