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(영문) 의정부지방법원 고양지원 2014.05.22 2014고단102
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment 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

On September 10, 2001, the Defendant was sentenced to a summary order of KRW 6 million due to a fine of KRW 1 million due to a violation of the Road Traffic Act in the Seoul Central District Court on September 10, 2001, and a fine of KRW 6 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the support of Goyang District Court on December 28, 200

Criminal facts

1. Around 20:50 on December 12, 2013, the Defendant: (a) driven a BM7 vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.140% from the 20km section around the Southern-gu Seoul Southern-gu road to the Goyang-gu road adjacent to the Goyang-si road.

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 BM7 car;

At around 20:50 on December 12, 2013, the Defendant driven the said car while it is difficult to drive it normally under the influence of alcohol, and led to the driving of the said car along the two-lanes between the five-lanes from the Seoul to the mountain.

In such cases, the driver has a duty of care to ensure the safety distance with the preceding vehicle and properly manipulate all the steering gear with the prior vehicle to prevent accidents by accurately operating the steering gear.

Nevertheless, the Defendant neglected this and went slowly due to the traffic accident that occurred at the bend of the bend of the bend of the victim C(30 years of age)'s driving D, A3 vehicle of the victim C(30 years of age), which was driven by negligence in the bend of the bend, and due to the shock, the vehicle of U.S. A3 was shocked into the front part of the froccopier's towing vehicle in a stop to handle the accident vehicle at the bend of the bend of the bend.

Ultimately, the Defendant is driving a motor vehicle while it is difficult to drive the motor vehicle normally due to the above occupational negligence.

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