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(영문) 수원지방법원 안양지원 2014.07.18 2014고단620
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 of the final judgment.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

1. A person who operated a motor vehicle under the influence of alcohol on December 24, 2008 and August 27, 2009 and violated Article 44(1) of the Road Traffic Act not less than twice, and on March 29, 2014, at least 03:40, the Defendant driven a motor vehicle under the influence of alcohol at least 0.173% of blood alcohol level from the 5km section of the same city to the road in front of the Gyeyang International Distribution Complex located in ELS 92 during the same period from March 29, 2014 to around 03:50 on the same day.

2. Around 03:50 on March 29, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a motor vehicle of 0.173% of blood alcohol alcohol level B while under the influence of alcohol level 0.173%, and led the road front of the Anyang International Distribution Complex, which is located in ELS-ro 92, in the middle of the Gyeonggi-gu in the Gyeonggi-do, to drive a motor vehicle of 0.173% in the direction of the distribution complex in the direction of Lone Star in the direction of the distribution complex.

At the time, at night, the victim C (the age of 57) was stopped in order to stop in the atmosphere for the signal signal, so in such a case, the driver of the vehicle had a duty of care to look at the front door and operate the brake system accurately and prevent the accident from being delayed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving a string, and the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver

Ultimately, the Defendant is unable to drive normally due to the influence of drinking as above.

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