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(영문) 수원지방법원 2013.12.11 2013고단5682
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant was sentenced to a summary order of KRW 1 million by a fine of KRW 1 million by a violation of the Road Traffic Act at the Suwon District Court on September 17, 2010, and was sentenced to a summary order of KRW 3 million by a fine of KRW 1 million by a violation of the Road Traffic Act at the Suwon District Court on November 15, 2012, and was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Suwon District Court on November 15, 2012.

1. Around 12:00 on July 19, 2013, the Defendant was driving CM5 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.286%, without obtaining a driver’s license, from the front of a restaurant at the Simbed “Simbb,” 299-3, which is located in the common sense of the Simban-si, Masung-si, Masung-si, Masung-si, the lower court at approximately 686 meters from the front of the restaurant at the Simban-si, the common sense of the Simban-si.

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 CM5 vehicle;

Around 12:12 on July 19, 2013, the Defendant driven the said car as indicated in paragraph (1) and temporarily stopped on the right side of the road, when it comes to three-distances at the entrance of the Dobong-gu Suwon-gu Suwon at the time of harmony.

At the time, the location was a intersection with frequent traffic, so there was a duty of care to prevent accidents by accurately manipulating the speed changeer and brake system at the time of stopping.

Nevertheless, the Defendant, while under the influence of alcohol at the time, was unable to properly operate the transmission speed and operation system, was tightly 2 meters by occupational negligence in the course of driving the said vehicle, and the said vehicle was pushed down at the right side of the victim D (the age of 49) who was driven by the victim D (the age of 49) driving from the south-west side to the intersection, shall be the left side side of the Defendant's vehicle.

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