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(영문) 창원지방법원 2016.04.01 2015고단1932
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 28, 2014, the Defendant was sentenced to a summary order of KRW 200,000 to a fine for a crime of violating the Road Traffic Act at the Changwon District Court on March 28, 2014; on October 20, 2014, the same court issued a summary order of KRW 4 million to a fine for the same crime; on June 4, 2015, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime at the same court; and on the 12th of the same month, the said judgment became final and conclusive.

On March 1, 2015, at around 08:05, the Defendant driven a Dom 520 vehicle under the influence of alcohol content of 0.139% while under the influence of alcohol without obtaining a driver's license from around 1km-dong in the Dobong-dong New Walls market near the Kimhae-dong in the same Simsan-dong to the front roads of the Gusan Middle School located in the same Simsan-dong.

2. Defendant 1 is a person engaging in driving the said vehicle.

At the date and time set forth in paragraph 1, the Defendant driven the said car under the influence of alcohol as above, and led to the driving of the Gusan Middle School in front of the Gusan-dong, Kimhae-si, to the sloping distance from the 3rd side of the park.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and even if he/she has an occupational duty to safely drive the motor vehicle by reporting the traffic situation on the front side well, accurately manipulating the steering gear, etc., and prevent the accident in advance, he/she neglected this duty, the defendant, while neglecting this duty, was negligent in driving the motor vehicle by violating red stop signal while under the influence of alcohol of 0.139% in blood while driving the motor vehicle without being negligent in driving the motor vehicle, which was driven on the right side of the driving direction, led the victim E-F city bus vehicles under the victim E-school bus under the direction of the driving direction to have the front part

Ultimately, the Defendant committed the above occupational negligence.

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