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(영문) 수원지방법원 안양지원 2014.06.27 2014고단251

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DSS5) is a person engaging in driving a car.

At around 02:30 on September 21, 2013, the Defendant driven the said car and proceeded at an aesthetic speed in accordance with the two-lanes from the inside side of the viewing to the front of the flow distance in the front of the Dong-gu Ho-gu Ho-dong during the Ansan-si.

In such a case, a person engaged in driving of a car has a duty of care to safely drive the car, such as taking the front door, left door, etc. well and accurately operating the brake and steering gear, preventing accidents from occurring.

Nevertheless, the Defendant’s speech and behavior state is crossing, and the walking state 0.157% of the blood alcohol concentration such as the string distance is difficult to drive normally, and the victim E (32 years old) who was waiting to turn to the left due to the negligent negligence that was driven by the victim E (32 years old).

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as the body boom, which requires approximately 12 weeks medical treatment, to the victim.

B. On September 21, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license at around 02:30 on September 21, 2013, the Defendant driven a DNA SM5 vehicle in front of the flow-distance of the pan-school line located in the Dong-gu Hodong-gu Hodong while the Defendant was under the influence of alcohol at least 0.157% of the blood alcohol level.

C. As seen above, the Defendant is driving the Defendant from the criminal history distance located in the Gu Hodong-dong around September 21, 2013, in order to escape from criminal punishment due to the occurrence of a traffic accident while driving under drinking.