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(영문) 수원지방법원 안양지원 2016.10.07 2016고단652
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 July 14, 201, the Defendant received a summary order of KRW 3 million from the Jung-gu District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act, and on June 11, 2014, the Defendant received a summary order of KRW 4 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act (not after-accident) at the Suwon District Court.

【Criminal Facts】

1. On April 10, 2016, the Defendant driving a B Sp-type car over about 35km and 5 km from the military air station near the military air station in the Si/Gun in the Si/Gun under the influence of alcohol by 0.176% without obtaining a driver’s license on April 10, 2016.

2. The Defendant is engaged in driving a car in the above SPP area.

The defendant, like the above paragraph (1) of the above temporary border, driven a motor vehicle in the above Spati area while under the influence of alcohol, and proceeded ahead of the discharge distance set forth in paragraph (1) of the above paragraph with a view to a view to the flow distance from the boundary of a new engineer.

In such cases, a person engaged in driving business shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents, such as securing and driving a safe distance to avoid accidents when a motor vehicle is stopped due to a well-round traffic situation.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim C (W, 48 years old) who was under a stop according to a stop signal due to negligence while neglecting this, and was driven by the Defendant’s driver as the front driver for the passenger car in the string area.

As a result, the defendant is driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the victim C and the driver's car.

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