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(영문) 수원지방법원 안산지원 2015.06.17 2015고단899

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

On November 17, 2011, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, at the same court on April 10, 2012, and at the same court on February 5, 2013, the Defendant issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing siren vehicle;

On November 21, 2014, at around 22:15, the Defendant: (a) was under the influence of alcohol of 0.197% of the blood alcohol concentration; (b) was under the condition that the horses were divided into several 0.197%; (c) the Defendant was driving the said vehicle, while driving the said vehicle and driving the intersection in front of the terminal shooting distance located in the Sungpo-gu, Mapo-gu, Sinsan-gu, Sinsan-si, Annsan-do, to turn to the left at the center.

Since the location is a private distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in accordance with signals such as signal, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to make a left-hand turn at the time of a straight signal light in violation of the signal, brought a shocked car by the victim C, who was under the right-hand turn in accordance with the straight line in the part of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, tension, etc. in a state where normal driving is difficult due to the influence of drinking, which requires approximately four weeks of medical treatment due to the negligence in the above business.

2. The Defendant violates the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act on two or more occasions, and is in the Maspo-dong in Ansan-si from the Han River basin before the Han River basin traveling in Ansan-si on November 21, 2014.