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(영문) 수원지방법원 2016.08.10 2016고단3102
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 23, 2010, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1,00,000 due to a crime of violating the Road Traffic Act (drinking), and on November 14, 2013 to a fine of KRW 3 million due to a crime of violating the Road Traffic Act (drinking).

[Specific criminal facts] The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On April 2, 2016, the Defendant driven the said car with alcohol content of 0.131% under the influence of alcohol without obtaining a driver's license on April 2, 2016, and, at the time of globalization, the Defendant driven the said car at a point of 387 km on an expressway in Youngcheon-dong at the time of harmony with the flow of approximately 149.1km at a speed of about 149.1km at the time of speed from the IC bank in the direction of the water source at the eth of the five-lane.

Since there is a limited speed of 110km per hour, there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed exceeding about 39.1km, and the Defendant was negligent in driving at a speed exceeding 39.1km and changed the course from the four lanes to the three-lanes of the Victim C (42 ) who driven by the Defendant, and then received the part of the Defendant’s vehicle in front of the SM5 car driven by the Defendant.

Ultimately, the Defendant driving the said SM5 vehicle under the influence of drinking, while making it difficult for the Defendant to drive the vehicle normally, and driving it for about three weeks to the victim C, and inflicted injury on the victim E (57) who is the chief Dongman of the said vehicle for the first time, the Defendant: (a) inflicted on the victim E (57) who is the above-mentioned passenger for the vehicle for the first time; (b) inflict on the victim F (41 years old), who is the back seat of the same vehicle, for about two weeks of medical treatment; (c) inflict on the victim F (57 years old); (d) inflict on the back seat of the same vehicle for the same three weeks of medical treatment.

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