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(영문) 수원지방법원 2016.05.25 2016고단872
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of 1.5 million won in the Daegu District Court on January 8, 2007 for a violation of the Road Traffic Act (dacting driving), a fine of 3 million won in the Daegu District Court on July 25, 2007 for a violation of the Road Traffic Act (dacting driving), and a fine of 3 million won in the Daegu District Court on January 18, 2008 for a violation of the Road Traffic Act (dacting driving), and a person who had been sentenced to a suspended sentence of 6 months in the Daegu District Court on February 18, 2008 for a violation of the Road Traffic Act on two or more occasions

[Specific Crime]

1. On February 4, 2016, the Defendant: (a) driven C rocketing car under the influence of alcohol content of approximately 0.171% at the 2km section from the front of the restaurant in which it is impossible to know the trade name located in the Southern Eup/Myeon at the time of harmony on February 4, 2016 to the front of the intersection, which is located in approximately 603 meters in the same Eup/Myeon.

2. Defendant 1 is a person engaging in driving of the said rocketing car.

Under the influence of alcohol on the above date, the Defendant driven the said car and moved ahead of the road to the right-hand side of the front of the intersection of the road at no charge in 603, Namyang-gu, South-do, Hyundai Maternia at the time of harmony.

In this case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in front of the Defendant’s driving vehicle in front of the victim D(25 years old) driving, which was under normal progress in the opposite direction when the Defendant was negligent in driving the center line while neglecting it, and was in front of the Defendant’s driving vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light dump dump, which requires treatment for about two weeks.

Summary of Evidence

1. The defendant's person;

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