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(영문) 수원지방법원 안산지원 2015.05.06 2014고단3146
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2008, the Defendant was issued a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court as a crime of violation of the Road Traffic Act, and a fine of KRW 6 million for a violation of the Road Traffic Act at an Ansan District Court on June 12, 2013 as a crime of violation of the Road Traffic Act at an Ansan District Court on June 12, 2013.

On September 16, 2014, at around 15:15, the Defendant driven a D low-speed car with a blood alcohol concentration of 0.308% while under the influence of alcohol without obtaining a driver’s license from the roads near Sinsi-dong, Chungcheongnam-do to the roads near Gunsan-si, Ansan-si.

Therefore, although the defendant was punished twice or more by driving a motor vehicle under the influence of alcohol, he was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the same time without obtaining a driver's license.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a D high-speed car.

On September 16, 2014, at around 15:15:15, the Defendant driven the said vehicle while drunk without obtaining a driver’s license, and proceeded with the vehicle in front of the members C of the Ansan-si, Anasan-si with the rent patrol box from the shot-si.

At the time on the side of the road, victim E has taken photographs to check high-tension facilities installed in utility poles, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed and to safely drive the road by checking well the right and the right of the road.

Nevertheless, the defendant neglected to do so and got off the part of the victim's right blue part of the victim's blue part which was working outside the alley road due to negligence.

Ultimately, the defendant is driving a motor vehicle in a state where it is difficult to drive it normally due to influence of drinking.

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