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(영문) 수원지방법원 안양지원 2015.02.13 2014고단1815
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven an EK5 car under the influence of alcohol concentration of 0.190% on the road front of the Dsports Center located in Ansan-si during the period of Ansan-si on September 19, 2014, and driven an EK5 car at a speed of about 10km from the direction of the educukwon distance.

A driver of a motor vehicle has a duty of care to safely drive the motor vehicle by ensuring the necessary distance to avoid a collision with the previous motor vehicle when the vehicle stops thoroughly and at the same time when following the behind motor vehicle in front of the same direction.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and stopped in the same lane due to the negligence of driving at the same time, received the part of the Defendant’s vehicle behind the G rocketing car of the victim F(54 years old).

As a result, the Defendant: (a) viewed that the Defendant was able to walk a road due to the influence of drinking; (b) viewed that the walked and walked along the studs, and that the snow was fluored with several shocks; (c) driven a car in a state where it is difficult to drive the car normally, such as making a small redlight belt; and (d) led to the chilled salt, tension, etc. of a trend

2. The facts charged of the violation of the Road Traffic Act indicate that the defendant was sentenced to a fine on May 2, 2008 and February 19, 2009 by the crime of violation of the Road Traffic Act, but Article 148-2 (1) 1 of the Road Traffic Act punish those who violate the provisions of Article 44 (1) of the same Act not less than twice (the person who drives a motor vehicle under the influence of alcohol not less than twice) and drives a motor vehicle under the influence of alcohol. The date and time when the defendant drives a motor vehicle not less than twice in the past is specified.

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