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(영문) 수원지방법원 안산지원 2017.11.09 2017고단2561
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 12, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving in drinking), etc. on the support of the Suwon Friwon method, and on July 3, 2013, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving in drinking).

[Criminal facts]

1. On September 20, 2017, the Defendant was driving Cone Star Co., Ltd. under the influence of alcohol content of about 0.170% from the parking lot located in the new roadside of the members of Ansan-si, Ansan-si to approximately 1km to the previous road of the same Gu.

2. The Defendant is a person who is engaged in driving of Cone Star vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

At the time stated in paragraph 1, the Defendant, while under the influence of alcohol as above, driven the said Lone Star Co., Ltd. and proceeded along the two-lane road in front of the members of Ansan-si, Ansan-si with one-lane from the front intersection to the front intersection.

In this case, the driver of the motor vehicle had a duty of care to safely operate the steering system by accurately operating the steering gear and steering the steering system of the motor vehicle while living well in the front line.

Nevertheless, the Defendant: (a) by negligence while under the influence of alcohol, while driving in a normal condition that is difficult to drive; (b) led the victim D (28 S, South) driveed in the same direction at the front of the Defendant; (c) Dried the back part of the victim’s Estyna vehicle in front of the said Lone Star Traex vehicle into the front part of the said Lone Star Traex vehicle; and (d) suffered injury to the victim, such as salt, tension, etc. for about two weeks

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A medical certificate;

1. The report of traffic accidents, the notification of the results of crackdown on quasi-driving;

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