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(영문) 수원지방법원 안산지원 2015.11.05 2015고단2156
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

On June 7, 2011, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 2 million in the same court on January 22, 2015 due to a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on the violation of the Road Traffic Act at least two occasions.

1. The defendant is a person engaged in the business of driving a motor vehicle with detached motor vehicles from E in accordance with the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes;

On June 15, 2015, at around 02:35, the Defendant driven the said vehicle at a low speed of 0.151% under the influence of alcohol level, and with a low blood color being maintained, the Defendant driven the said vehicle at a two-lane speed on the side of the five-lane road in front of the city interesting, while driving the vehicle at a low speed of 0.151%.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system by properly examining the steering direction and the left and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive in a state where normal driving is difficult due to the influence of alcohol, and proceeded without keeping the front door well, and was driven by the victim D (the age of 54) who was waiting for and stopped on the front side of the running direction of the Defendant, and received the back part of the G Kaz vehicle operated by the Defendant as the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of treatment for about three weeks.

2. The Defendant is under the influence of alcohol by 0.151% of alcohol concentration from the distance of about 35 km from the 35km apartment parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government to the place of the accident described in the above paragraph (1) at the time and time set forth in paragraph (1) of this Article.

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