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(영문) 수원지방법원 성남지원 2016.06.09 2016고단736
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The defendant has the record of receiving a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) in support of Sungnam-gu Office of Suwon on October 1, 2008, and a summary order of KRW 2 million for the same crime in the same court on March 19, 2008, respectively.

[Criminal facts]

1. Around March 29, 2016, the Defendant violated the Road Traffic Act (drinking) on and around March 29, 2016, the Defendant driven a shower car owned by B, a son, while under the influence of alcohol 0.132% in alcohol in blood, from the road near the Gangnam-gu Seoul Metropolitan City, to the road near the 333mm of gold string-gu, Ginam-gu, Ginam-gu, Ginam-gu, Seoul, Gidong-gu.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) the Defendant driven a shower car as set out in paragraph (1) at the time and around the day set forth in paragraph (1) and proceeded along three-lanes among six-lanes, namely, a road near the gold string distance as set forth in paragraph (1) at the distance of the ancient city away.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents by accurately operating the steering gear and brakes of motor vehicles by making the signal well for those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so and received the part of the back part of the vehicle of the Defendant’s vehicle in front of the vehicle, which was the victim D(44 tax) who was in the front direction of the signal in the front direction due to the negligence of the victim D(44 tax) who was in the front direction of the signal while under the influence of alcohol content 0.132% in alcohol during blood.

In the end, the defendant driving a shower car in the situation where normal driving is difficult due to the influence of drinking, and the victim is treated for about two weeks.

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