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(영문) 수원지방법원 안양지원 2016.02.17 2015고단2015
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

1. On November 16, 2007, the Defendant was issued a summary order of KRW 1 million as a fine of KRW 700,000 for the same crime at the Seoul Southern District Court's Seoul Southern District Court on March 24, 2009, as a crime of violation of Road Traffic Act (drinking) in the support of the Incheon District Court's Busan District Court on November 16, 200.

On October 22, 2015, the Defendant was under the influence of alcohol level of 00:10% from around 00:10 to around 7km from the front day of the funeral ceremony of the Geumcheon-gu Seoul Metropolitan Government Shee Hospital in the vicinity of Geumcheon-gu, Geumcheon-gu to the long distance of the Gang University in the Gancheon-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving Category B rocketing motor vehicles.

On October 22, 2015, the Defendant driven the said rocketing vehicle under the influence of alcohol, such as around 00:10, while it was unable to operate normally due to normal operation, and came to the shooting distance of the Walan-gu Salan-gu Salan-gu, Salan-gu, Mayang-si, and proceeded along three lanes, one of the five-lanes in Seoul.

In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and operating the steering gear well, and even though he/she has a duty of care to prevent accidents, the defendant neglected to do so, and received the back portion of the DFD car driven by the victim C (46 tax) (46 tax) who was waiting in the front three-lane traffic.

As a result, the Defendant was negligent in neglecting the above duty of care in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the victim, such as salt, tension, etc. in need of two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports (1), (2) on traffic accidents;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. A medical certificate;

1. Each photograph;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the same type of previous convictions);

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