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(영문) 서울남부지방법원 2015.09.24 2015고단3427
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On November 1, 2006, the Defendant was sentenced to a fine of 700,000 won as a crime of violation of the Road Traffic Act by the Incheon District Court, and on April 7, 2015, the same court was sentenced to a fine of 2 million won as a crime of violation of the Road Traffic Act.

1. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Free Driver’s License) are two times of driving skills as above and the validity of the driving license was suspended from May 1, 2015 to August 8, 2015. However, around 07:50 on June 18, 2015, the Defendant driven a B-hand car with the blood alcohol concentration of 0.107% in the direction of the Kimpo Airport from the area of about 3km to the point of 150 meters before the 150-meter radius in the direction of the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu Kimpo Airport as of June 18, 2015.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B;

At around 07:50 on June 18, 2015, the Defendant, while under the influence of alcohol at least 0.107% of the blood alcohol concentration, driven the said car at a point of five lanes in the direction of the Kimpo Airport of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant driven the said car at a point of about 85km in the direction of the Kimpo Airport.

Since it is a motorway, there was a duty of care for a person engaged in driving of a motor vehicle to live well, and to properly operate the steering and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate the steering wheel while driving the steering wheel while driving the steering wheel, and led the victim C(68 years of age) driving with one-lane in the same direction, which led the victim C(68 years of age) driving, to take the front side part of the Defendant’s driver’s car, and caused the above co-section to be faced with the central separation unit.

Ultimately, the defendant is in a situation where normal driving is difficult due to the influence of drinking.

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