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(영문) 수원지방법원 성남지원 2016.03.17 2015고단894
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] On November 22, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking) at the Seoul Central District Court, and on July 10, 2014, the Defendant was sentenced to a fine of five million won for the same crime.

[Criminal facts]

1. On April 26, 2015, the Defendant: (a) driven a D SP car under the influence of alcohol content of 0.197% while under the influence of alcohol without obtaining a driver’s license from the road located in the north-west-dong of the city north-west in the south-si, Seoul on April 26, 2015 to the road located in the lower-west city C.

2. On April 26, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the said vehicle while under the influence of alcohol content 0.197% in blood on April 12:45, 2015, and proceeded at the speed of about 30 km from the side of the Seo-gu post office to the fishing place for the ship bridge at the speed of about 30 km.

Since there is no distinction between different lanes, there is a duty of care to prevent accidents in advance by operating a person engaged in driving a motor vehicle accurately, operating the brake and the steering gear, and operating a motor vehicle in good manner.

Nevertheless, the defendant neglected this and did not look at the front bank properly and proceeded with the fault that failed to accurately operate the steering and brake system.

E Driving finds out that the FMW car stops and operates it late, but it was not damaged by the U.S. and received the front part of the above BMW car at the left side of the above STW car.

Ultimately, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of alcohol, caused the injury of the victim G (the 60-year old-age-old) who is a passenger of the said BMW motor vehicle due to the foregoing occupational negligence, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment, and the victim of the same passenger.

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