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(영문) 수원지방법원 2015.09.03 2015고단2911
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. 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 BM5 car;

On May 30, 2015, the Defendant driven the said SM5 vehicle under the influence of alcohol of 0.270% of blood alcohol concentration around 08:00, and led to the course of the Geibbbing Culture Center from the Giban-dong to the Giban Culture Center, when driving the said SM5 vehicle under the influence of alcohol of 0.270%.

In this case, a person engaged in driving of a motor vehicle has a duty to take care of the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to cause an accident to prevent the accident.

그럼에도 피고인은 술에 취하여 주의의무를 게을리 한 채 만연히 주행한 과실로, 앞에서 신호대기 중이던 C 트라제XG 승용차의 뒷 범퍼 부분을 SM5 승용차의 앞 범퍼 오른쪽 부분으로 들이받고, 그 충격으로 트라제XG 승용차가 앞으로 튕겨 나가면서 그 앞에서 신호대기 중이던 D 그랜드 카니발 승합차의 뒤 범퍼 부분을 충격하게 하였다.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was inflicted on the victim E (the 43-year-old driver), who is the driver of TraXG, for about 3 weeks of medical treatment. In addition, the Defendant inflicted on the victim F (the 49-year-old driver) who is the driver of TraXG, for about 2 weeks of medical treatment.

2. On September 23, 201, the Defendant is a person who has violated Article 44 (1) of the Road Traffic Act by having been issued a summary order of KRW 1 million with a fine of KRW 300,000 for a crime of violating the Road Traffic Act at the Chuncheon District Court on September 23, 201, and on October 31, 201, by having been issued a summary order of KRW 1.5 million with the same court on October 31, 2011.

The Defendant does not obtain a driver's license at around 08:00 on May 30, 2015.

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