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(영문) 수원지방법원 성남지원 2016.09.12 2016고단1725
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 May 6, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (dacting driving) in support of Sungnam branch of Suwon branch on May 6, 2013. On March 21, 2016, the Defendant was issued a summary order of KRW 4 million as the same crime in the same court.

[Criminal facts]

1. On March 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (undermining the death or injury caused by danger) and the Road Traffic Act (under drinking), while under the influence of alcohol on around 02:30 on March 17, 2016, the Defendant driven a car in the column B while driving a car in the shape of 0.142% of alcohol concentration in the blood, and driving the car in the direction of the gold-dong market in Sungnam-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City at a speed of about 10km from the direction of the act of action to the direction of about 10km from among the five-lane roads.

At the time, there was a vehicle stopping prior to the same line of time, and thus, there was a duty of care to safely drive the vehicle in line of duty by reducing the speed and checking well the left and right of the front line.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of driving by negligence, committed the back part of the victim C(67 Do) who was under the influence of driving, and was under the influence of the Defendant’s vehicle as the front part of the car.

Ultimately, the Defendant suffered injury to the said C due to occupational negligence, which requires approximately two weeks of medical treatment due to the influence of alcohol, such as cerebral sugar, and injury to the victim E (26 years of age) who was on board the said rocketing taxi, which requires approximately two weeks of medical treatment, and injury to the victim F (26 years of age) who was on board the said rocketing taxi, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a car as stated in the preceding paragraph without obtaining a driver’s license at the same time and place as stated in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

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