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(영문) 수원지방법원 2014.05.01 2013고단6898
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 power] On September 11, 2007, the Defendant was sentenced to a summary order of one million won as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 27, 2009, a fine of two million won for the same crime from the Suwon District Court's Ansan Branch on February 27, 2009, and a fine of one million won for the same crime at the Suwon District Court on June 27, 2012.

【Criminal Facts】

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 B SP car;

At around 22:50 on November 29, 2013, the Defendant driven the said car under the influence of alcohol content of 0.165% without a driver’s license, and proceeded at a speed of about 5 km per hour at a speed of about 5 km per hour, towards the front side of the sick middle school, which is in the ethic bottled ward, in a ethic-si path.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to check the safety of the course by checking well prior to commencing the driving.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to the above influence of drinking, and failed to discover the DCA 100 V Orala, which the victim C(the age of 40) drives, due to the negligence of changing the lane rapidly while driving the car, and received the above part above the left side of the car driven by the Defendant.

Ultimately, the Defendant suffered injury, such as cageage cages and tensions, which require approximately two weeks of medical treatment from the above victim due to the above occupational negligence.

2. Notwithstanding the above power, the Defendant for a violation of the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) shall, without a driver’s license on the same day as specified in paragraph (1) of the same Article, use the roads front of the sick middle school under the influence of 0.165% of the blood alcohol concentration at a sphacopic bottle in the form of a sphacopic bottle.

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