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(영문) 수원지방법원 안양지원 2015.12.18 2015고단1481
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

[criminal power] On November 5, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court on November 5, 2010, a fine of KRW 1.5 million for the same crime in the same court on October 29, 2010, and a fine of KRW 3 million for the same crime in the same court on July 24, 2009, respectively.

【Criminal Facts】

1. Violation of the Road Traffic Act (driving on July 10, 2015) by the Defendant: (a) the blood alcohol concentration at a section of approximately 500 meters from the vicinity of the Yyang-dong Inyang Arts Park in Ansan-gu, Ansan-si to the private distance of the Yyangyang-dong, Ansan-si to the same inside of the same Gu;

0. A person who is under the influence of 187% was driving C Malaysia.

2. The defendant is a person engaged in driving a motor vehicle with the aforementioned C Rays.

On October 06, 2015, the Defendant driven the above mar while under the influence of alcohol, as described in Paragraph 1, and led to the driving of the marbian road in the inner direction of the Mangyang-gu, Annyang-si, Annyang-si, with the distance of the marbian road located in the inner direction of the Mangyang-gu, Annyang-si, Annyang-do, to the direction of 30km each hour.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents, such as securing and driving safety distance to avoid the suspension of a motor vehicle in a situation where the former stop due to a thorough examination of the traffic situation.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to drive the E bus driven by D in compliance with the stop signal due to the negligence of the Defendant’s failure, took the pandeer behind the left side of the E bus driven by the Defendant’s knife, and due to the shock, the Defendant’s knife behind the passenger bus driven by the Victim F (F, South, 72 years old) who was going beyond the center line, is driving by the Defendant’s knife in front of the right side of the passenger car.

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