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(영문) 수원지방법원 안산지원 2016.03.31 2015고단3542
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

On August 30, 2001, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on August 30, 2001, and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) in the support of the Suwon Friwon method, May 25, 2006.

Criminal facts

The defendant is a person who is engaged in driving a shower car.

1. On September 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) divided into two-lanes with a alcohol level of 0.325% in the blood of around 05:45, while driving a shower car in a state where normal driving is difficult, the Defendant changed the course to two-lanes while driving the shower car in a state where it is difficult to drive the car normally.

In such cases, there was a duty of care to refrain from changing the course if it is likely to impede the normal operation of lanes to change drivers of automobiles.

Nevertheless, the Defendant neglected this and did not properly regard the vehicle driven in the lane that he wishes to change under the influence of alcohol, but caused the change of course to the two-lanes by the negligence of changing the course of the vehicle, and brought the part of the vehicle directly driving along the two-lanes, following the left-hand side of the vehicle of the C-A-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Woo

As a result, the defendant was injured by the victim E who was driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and was driving the motor vehicle at the same time, and suffered from the injury, such as taking approximately three weeks of medical treatment.

2. The Defendant violates the Road Traffic Act (drinking) on the date and time set forth in paragraph 1, from the front day of the F lending of Gyeyang-gu Incheon Gyeyang-do to the front day of the arrival of the road at the 2377-dong, Sinri-si, Sinri-do.

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