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(영문) 서울북부지방법원 2014.05.29 2014고단709
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. On October 30, 2006, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at a district government district court on June 10, 2008. On June 10, 2008, the Defendant received a summary order of KRW 3,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on June 10, 2008. On September 10, 2008, the Defendant received a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving).

On February 24, 2014, the Defendant driven a Crens car under the influence of alcohol of about 0.139% of blood alcohol concentration from the 1km section of approximately 1k-ro 9-gil 114, the same day from the Do in front of the3rd distance in Seongbuk-gu Seoul Yung-dong, Seongbuk-gu, Seoul, to the same day.

Accordingly, the Defendant, who violated the provision that anyone shall not drive under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 Crens car;

On February 24, 2014, the Defendant driven the said car under the influence of alcohol of 0.139% with a blood alcohol concentration around 20:15, while driving it, and was proceeding one lane from the west to the west of Seongbuk-ro 9-gil, Seongbuk-gu, Seoul, along with a three-lane road of 114:00,000.

The defendant, under the influence of alcohol, was driven by the victim D(38 years old) who was proceeding on the opposite side by the negligence going beyond the center line of yellow-ray yellow-line while it is difficult to drive normally due to influence of drinking such as drinking, such as influoring a little of red, fluoring and smelling in the fluor, etc., and was driving by the victim D(38 years old) of the opposite side of the ECA 110 Matoba, and got the victim go beyond the left part of the said vehicle, and caused the victim to suffer injury, such as a heavy argurosis, which requires about five weeks of treatment for the victim.

This is the defendant's drinking.

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