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(영문) 수원지방법원 성남지원 2014.09.18 2014고단1632
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant is a person who violated Article 44(1) of the Road Traffic Act on September 29, 2008 by being sentenced to a fine of two million won or more as a crime of violating the Road Traffic Act at the Sung-nam branch of the Suwon District Court on September 29, 2008, and a fine of one hundred and fifty hundred and fifty thousand won as a same crime in the same court on October 2, 2008.

On June 12, 2014, at around 22:55, the Defendant driven a B-learning car under the influence of alcohol content 0.194%, in a section of approximately 200 meters from the near 158 road to the 178-way road due to the revision of Seongbuk-si, Sungnam-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is the temporary border stipulated in paragraph 1, and the Defendant was driving the frighting car, and driving the frighting car as the amendment of the frighting car in Sungnam City, and driving the car into the frighting side of the 178 front road, depending on the two-lanes of the frighting road,

In such a case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care not to change the lane when it is likely to obstruct the normal passage of another motor vehicle running in the direction of change, in order to give prior notice of change of the lane by operating direction, etc., and to properly check the traffic conditions of the front and rear left, and there is a duty of care not to change

Nevertheless, the Defendant, as stated in Paragraph 1, did not properly examine the progress of the lane in which he intends to change the lane while neglecting it, and was negligent in changing the lane rapidly, and received the DCA110A car of the victim C (the 30-year-old driver) driving with the three-lane-of-the-day driver’s license, as the part of the Defendant’s passenger car right side.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as cutting the right to the right, which requires treatment for about six weeks.

Summary of Evidence

1. The defendant;

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