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(영문) 수원지방법원 안산지원 2015.10.20 2015고단2558

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

[criminal power] On July 1, 2009, the Defendant issued, respectively, a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, in the Suwon District Court’s Ansan Branch’s Support, the summary order of KRW 2,50,000 as a fine for the same crime in the same court on June 9, 201, and the summary order of KRW 5,00,000 as a fine for the same crime in the same court on November 26, 2013.

【Criminal Facts】

1. On August 13, 2015, the Defendant: (a) driven a Cren motor vehicle while under the influence of alcohol of 0.144% of alcohol content without obtaining a driver’s license for a section of about 1 km from the 9-lane Art University at Ansan-si to the art university at Ansan-si to the preceding road of the same Gu, Ansan-si; (b) around 23:10 on August 13, 2015.

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

2. 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 C siren car

On August 13, 2015, at around 23:10, the Defendant, while under the influence of alcohol, was unable to drive normally, as described in paragraph (1), and was driving the said car and driving the two-lane road in front of the member B in Ansan-si, Ansan-si, along one-lane, in the direction of the home plug in the direction of the private distance of Han Bank.

At the time, the driver was followed the vehicle in the same direction as night, so there was a duty of care to secure the front and sufficient safety distance, and to ensure the safe operation of brakes and other devices.

Nevertheless, the defendant neglected his/her duty under the influence of alcohol and reported a vehicle that entered the above road in front of the vehicle run by the defendant and stopped the victim D(33 years of age) to the front part of the vehicle of the defendant.