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(영문) 수원지방법원 성남지원 2015.01.29 2014고단2262
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On October 4, 2013, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (non-licensed driving) at the Sungnam branch of Suwon District Court on April 2, 201, and the judgment became final and conclusive on the 12th of the same month. On June 12, 2007, in the same court on June 12, 2007, the Defendant issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on January 20, 2012 and received a summary order of 1.5 million won from the Incheon District Court on January 20, and has violated Article 44(1) of the Road Traffic Act more than twice.

1. On June 17, 2014, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without obtaining a driver’s license) driving a CKanop Vehicle under the influence of alcohol of 0.114% with a blood alcohol concentration of 0.14% from the front road of the new-gu University located in the Geum-dong, Sungnam-gu, Seoul Special Metropolitan City, to the front road of the Sungnam-gu, Sungnam-si, Seoul Special Metropolitan City, to approximately 400 meters.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Defendant of the Road Traffic Act were driving the said knife car on the date and time set forth in paragraph 1, and the said knife car was driven by a knife box located at the front of the 2450-2nd two lanes of the said gold-dong.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering direction and brake system of the motor vehicle while keeping the traffic situation of the front and rear left.

Nevertheless, the Defendant was negligent in neglecting his/her duty to drive under the influence of alcohol and proceeding as it is while driving, and the part behind the victim D(the age of 47)’s E-city bus in front of the Defendant’s running direction was used as the front part of the Defendant’s car, and caused the victim to suffer an injury, such as fluoral salt, which requires treatment for about two weeks.

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