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(영문) 수원지방법원 안양지원 2017.06.29 2017고단688
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 history] The Defendant was sentenced to a fine of KRW 700,000 as a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon method on June 11, 2008, and a fine of KRW 1.5 million for the same crime from the Suwon Frigwon method on October 10, 2008.

[Criminal facts]

1. On April 17, 2017, the Defendant: (a) driven a B rocketing car under the influence of alcohol concentration of 0.116% at the section of about 1km from the 1km away from the 1km to the south side cafeteria located near the Gyeyang-dong, Ansan-dong; (b) on April 17, 2017, the Defendant driven the B rocketing car under the influence of alcohol concentration of 0.116%.

Accordingly, the Defendant, like the above criminal records, driven a motor vehicle under the influence of alcohol even though he/she had been punished twice as a crime of violating the Road Traffic Act.

2. On April 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was driven at a 0.116% alcohol level during the blood while under the influence of alcohol at the 0.116% from the shooting distance, and led the Defendant to make a bypass at an insular speed in the direction of the gambling distance from the direction of the inside.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to accurately operate the steering gear and safely operate the steering system to the person engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to accurately operate the steering gear, and excessively avoided the steering gear, and led the victim C(34 tax) who is driving at the opposite lane due to the negligence of spunching the center line, conflict with the front part of the driver's seat of the driver's seat of the Defendant in front of the passenger's car.

In the end, the defendant driving the B car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the victim's injury such as catum salt which requires approximately three weeks of treatment.

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