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(영문) 수원지방법원 안양지원 2014.02.04 2013고단651

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. On June 1, 2007, the Defendant was issued a summary order of KRW 700,000 by the Suwon District Court to a fine for a violation of the Road Traffic Act; and on October 8, 2012, the Defendant was issued a summary order of KRW 2 million by the same court in the same court as on October 8, 2012.

On June 1, 2013, at around 23:40, the Defendant driven a D-wing truck with a blood alcohol content of about 3 km from the front of a cafeteria, which is located in the Cheongdon City Cheongdong-si, to the front of the bus stop at the same 3km-si city, Ansan-si, as he was under the influence of alcohol content of about 0.205%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) is a person engaged in driving cars and freight cars;

On June 1, 2013, at around 23:40, the Defendant driven the above cargo while under the influence of alcohol with 0.205% of blood alcohol concentration, and continued five lanes, one of the five-lanes in front of the bus stops in the village-based village-based bus stops in the East-gu, Dong-gu, Seoul Metropolitan City, toward the direction of scattering on the side of the schill.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so that it does not cause any unexpected accidents with the front vehicle while maintaining a sufficient safety distance with the front vehicle and accurately operating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and due to the negligence of the Defendant’s failure to drive the said cargo in a state where normal driving is difficult, and the victim E (the age of 36) in front of the direction of the Defendant was behind the Fbenz car in front of the direction of the driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky in detail, in which there is no two or more open situations in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accidents (E);