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(영문) 의정부지방법원 고양지원 2017.01.26 2016고단3276
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violating road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on November 28, 2008, and a fine of KRW 7 million as a crime of violating road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on October 29, 201.

"2016 Highest 3276"

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle by obtaining a franchise.

On September 16, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.153% during blood transfusion 0.10%, and driven the road of two-lanes in front of the shooting distance at the port of Pakistan-si, Pakistan-si, Gyeonggi-do, along the one-lane far from the right edge of the road.

In this case, the driver of the vehicle has a duty of care to reduce speed and drive safely by taking into account the right and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant, as seen above, was negligent in driving a vehicle while normal driving due to influence of alcohol, and was negligent in driving the vehicle on the front side of the Defendant’s driver’s vehicle, thereby resulting in the victim E (the 52-year old driver)’s failure to drive the vehicle in front of the Defendant’s driver’s vehicle.

After all, the Defendant suffered injury to G (54) who is the passenger of the above E and the damaged vehicle due to such occupational negligence, such as multiple diversities, salt, etc. which require approximately two weeks of medical treatment.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.153% in blood, from the frontway to the shopping mall of the Sojoon Village in Pakistan-si, Gyeonggi-do, at the time and time set forth in the above paragraph 1 to the place set forth in the above paragraph 1.

Accordingly, the defendant, who has violated the prohibition of drinking, was driving a motor vehicle under the influence of alcohol more than twice.

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