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(영문) 수원지방법원 안양지원 2016.08.12 2016고단821
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 4, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on July 31, 2013, the Defendant received a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support Center, which was issued a fine of KRW 3 million for a violation of the Road Traffic Act.

[Criminal facts]

1. Around 09:05 on April 23, 2016, the Defendant driven a car with B Belgium while under the influence of alcohol leveling 0.103% in the section of approximately 7.9km from the Gangnam-gu Seoul Metropolitan Government to the area near the horse race track, Ycheon-si, Ycheon-si, mountain connections.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) Defendant is a person engaging in driving a car of the masters B with the above B level.

On April 23, 2016, the Defendant driven the said car while under the influence of alcohol, such as around 09:05, around 09:05, and driven the said car at a non-speed speed depending on the two-lanes between the upper and lower underground roadways in the mountain area, where the area near the horse race tracks is west-do and the area near the race tracks in the mountain area.

In such cases, a person engaged in driving service of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side and the steering system, and by accurately manipulating the steering direction and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and went ahead of the Defendant’s driving direction at the two-lanes of the Defendant’s driving direction, and was under the front part of the Defendant’s right side of the victim C ( South, 46 years old) driving.

As a result, the Defendant, while driving a dangerous vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, sustained the injury of the victim C, such as the salt, tensions, etc.

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