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(영문) 수원지방법원 2014.02.06 2013고단5614
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2010, the defendant received a summary order of KRW 7 million from the Suwon District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act. On September 10, 2010, the defendant received a summary order of KRW 4 million from the Suwon District Court due to the violation of the Road Traffic Act (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving).

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On September 2, 2013, at around 17:20, the Defendant, without a driver's license for a motor vehicle on September 2, 2013, driven the foregoing cargo vehicle while under the influence of alcohol of 0.246%, and led the road of four-lanes near the shooting distance at the entrance of the Sinsan-dong, Sinsan-si, Gyeonggi-do, toward the direction of the river at a speed of about 50km along the two-lanes.

At the time, there was a crosssection where signal apparatus was installed in the front, so the driver engaged in driving of the motor vehicle had a duty of care to reduce speed and to safely drive the motor vehicle in accordance with the signals by keeping the safety distance with the front.

Nevertheless, the Defendant could not show the front side of the cargo vehicle due to the influence of alcohol at the time, and due to occupational negligence, which failed to observe the safety distance with the front vehicle while operating the above cargo vehicle in a situation where he could not properly operate the steering direction and brakes, and due to the victim D(50 years of age) who was parked in the traffic signal at the intersection, was driven by the victim D(50 years of age) who was parked in the front line of the cargo vehicle by the Defendant.

Ultimately, the Defendant, as seen above, driven a car in a state where normal driving is difficult due to influence of drinking, and sustained injury to the Rain salt, etc., such as light salt, which requires approximately two weeks of medical treatment, and suffered injury to the victim F, who was aboard the said taxi, such as light salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant;

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