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(영문) 수원지방법원 안산지원 2016.11.03 2016고단3662

특정범죄가중처벌등에관한법률위반(위험운전치상)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 July 1, 2016, the Defendant was driving a DNA-learning vehicle under the influence of alcohol by 0.129 percent in blood alcohol concentration from approximately one kilometer to the road in front of the “Ccafeteria” located in Ansan-gu, Yagu, Ansan-gu, Ansan-si, Ansan-si. From around the 22:46th day of Jun. 1, 2016

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dlearning) is a person engaging in driving motor vehicles.

On July 1, 2016, at around 22:46, the Defendant, while under the influence of alcohol, driven the said car and proceeded along two-lanes from the 5th side of the Pu Village Complex to the dynamic west by driving the said three-lanes in front of the “C cafeteria” located in Yasan-gu, Yasan-si.

At that time, the defendant was followed by the FNR car driven by the victim E (n.e., 60 years old) prior to the same direction, and therefore, the driver of the motor vehicle had a duty of care to ensure that the driver of the motor vehicle is well aware of the situation and the driver of the motor vehicle has a duty of care to ensure the safe distance to avoid when the vehicle stops, and to accurately operate the steering and brakes.

Nevertheless, the Defendant found the above F F F Mtezine car which was stopped for the signal waiting as it was due to the negligence of neglecting it while driving, and found it late, and received the back part of the Ftezine car as the front part of the Defendant's driving bus, and due to the shock, the Defendant was driving by the victim G (V, 56 years old) who was driving on the front line while pushing the above Ftezine car while driving on the front line. The Defendant was driving by the victim I (L, 47 years old) who was standing on the front line, and again she was driving by the victim I (L, 57 years old).

Ultimately, the Defendant, as seen above, is unable to drive normally due to influence of drinking.