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(영문) 수원지방법원 성남지원 2015.07.09 2015고단718
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

[criminal power] On October 6, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on the ground of the violation of the Road Traffic Act in the case of violation of the Road Traffic Act. On November 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

【Criminal Facts】

1. Around 21:00 on December 13, 2014, the Defendant driven the E-wing truck under the influence of alcohol content of about 15km from the 15km section to the oil station in Gwangju City around 21:30 on the same day.

2. The defendant is a person who runs driving cars and freight cars in return for violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

On December 13, 2014, the Defendant, while driving the above cargo while under the influence of alcohol of 0.152% with a blood alcohol concentration of 0.152% on 21:30% on December 13, 2014, and driving the two-lane road in front of the “D” station at the right speed from the flord rock to the nive distance, found that the Defendant controlled the traffic due to road works in the front direction, and led the Defendant to take a U-turn in the opposite direction to avoid this.

At this point, the center line of the yellow-ray is installed, and since the passenger car of the victim F(32 years of age) was stopped at the front side of the defendant, the driver was obliged to take a duty of care to prevent accidents in advance by accurately operating the dong and the flap system at the permissible point of the internship, and by safely operating the flap, the driver had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not look at the front and the rear bank properly. While he was able to accurately operate the brakes and the steering gear, the Defendant intrudes the central line and carried out a U.S. in the opposite line, he was unable to make a U.S. at once, and turned back as it was.

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