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(영문) 의정부지방법원 고양지원 2014.10.30 2014고단1939
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

[criminal power] On July 20, 2005, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) in the Gyeyang Branch of the Jung-gu District Court. On September 10, 2009, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving without a license), and on March 24, 2010, sentenced to a fine of KRW 2.5 million for the same crime, and the same court was sentenced to a fine of KRW 2.5 million on March 24,

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving service for B Launa

On July 18, 2014, at around 02:15, the Defendant driven the said car while under the influence of alcohol with 0.189% of alcohol concentration, and led the Defendant to U.S. to the shipping direction at the Yancheon-dong located in the Namcheon-gu, Busan.

At night and at the time, there are signal apparatuses installed on the lane in which the defendant intends to enter, so in such a case, there was a duty of care to prevent the traffic accident in advance by making a prompt look at the signal of the lane intended to enter a clean mind and whether there was a vehicle already in progress on the lane.

Nevertheless, in a situation where normal driving is difficult due to influence of drinking, the Defendant neglected such duty of care as above and caused by occupational negligence, which led to the Defendant’s failure to take into account whether there was a vehicle already being driven on the lane to enter. The Defendant received the left part of the victim C (the age 58) driving car, which the Defendant was driving in front of the Defendant’s vehicle, and suffered from the victim C and the victim E (the age 61) who took advantage of the same part, for about two weeks of medical treatment.

2. A defendant who violates the Road Traffic Act (driving) shall be around July 18, 2014: 02:15.

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