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(영문) 의정부지방법원 고양지원 2013.04.04 2013고단143
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

1. Around 00:30 on August 5, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) led the Defendant to proceed at a speed of about 80km in the speed of speed of 10km in the direction of Ktex ICT, from the direction of Ktex ICT, with the right to fly-gu and the right to fly-gu in

Since there are frequent urban highways in which vehicles move, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front side and the left side.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in violating the duty of the Jeonju City in a situation where it is difficult for the Defendant to drive in a normal manner, and was led to the Echip part of the victim D (the age of 30) driving, which was proceeding in the front direction of the Defendant, to the front part of the Defendant.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence a approximately 21-day medical treatment for approximately KRW 9,156,616 of repairing cost by using the said car “a post panel exchange seal”, etc.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing an injury to the victim and damaging the property of the victim.

2. On November 11, 201, the Defendant was notified of a summary order to the effect that he/she is punished by a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court, and on May 23, 2012, the Defendant was punished by a fine of four million won for a violation of the Road Traffic Act at the Incheon District Court.

The defendant around August 5, 2012 without obtaining a driver's license for a motor vehicle in the section of about 20 km from the front side of the luminous-si, Gyeonggi-do to the place of accident specified in paragraph (1).

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