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(영문) 수원지방법원 여주지원 2017.02.16 2016고단1520
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) (the Defendant is a person engaging in driving a BNF rocketing car, and the Defendant driven the said car under the influence of alcohol concentration of 0.103% on October 24, 2016, while driving the said car at around 23:46 on October 24, 2016, and driven it from the distance of 0.103% on the side of the day off which the four-lane road in Echeon-si is located in Echeon-si.

At night, and there is a signal apparatus in front of the direction of the proceeding, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the front section and the left and right, and thus the driver of the vehicle has a duty of care.

Nevertheless, the Defendant, while working at night during the night between the two pages, was negligent in driving while driving, was waiting for the moving signal in front of the driving direction of the Defendant due to the negligence of the Defendant, and was waiting for the driving signal in front of the driving direction of the victim E (n.e., 29 years old) driving, the lower part of the victim E (n.e., the Defendant 29 years old) driving was called the front driver of the Defendant’s vehicle, and due to the shock of the said radar car, the Defendant got the rear driver of the victim G (31 years old) who was under a stop due to the impact of the said car.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim E, such as cerebral raids, which requires two-day medical treatment, and the extreme rupture, which requires six-day medical treatment to the victim G.

2. On November 26, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Gangnam branch of the Chuncheon District Court as a crime of violating the Road Traffic Act (drinking), and on November 11, 2013, the Incheon District Court was sentenced to a fine of KRW 2,00,000 to a fine for a violation of the Road Traffic Act (drinking) at the Incheon District Court.

On October 24, 2016, the Defendant is under the influence of alcohol with 0.103% alcohol concentration in light of around 23:46.

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