beta
(영문) 수원지방법원 평택지원 2013.05.09 2013고단373

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives B Starsch Rexroth driver in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

At around 01:50 on December 14, 2012, the Defendant, while under the influence of alcohol of 0.157 percent of blood alcohol level, was proceeding two lanes of the combined distance of death in Pyeongtaek-si and Dong, from the boundary of public sports grounds, to the main three-lanes of the common sports complex.

Before that, there is a private-distance intersection where yellow dust is operated.

In such cases, a person who drives a motor vehicle shall not drive a motor vehicle while it is difficult to drive the motor vehicle due to influence of alcohol, and have the duty of care to prevent accidents by safely driving the motor vehicle, such as temporarily stopping the motor vehicle before entering the intersection or checking whether there is a motor vehicle driving in another direction by driving the motor vehicle, etc.

Nevertheless, the Defendant neglected to do so and entered the intersection while under the influence of alcohol and went into the intersection, and the victim C was driven by the Gohap-5 car driving from the direction of the right side to the direction of the intersection. The front portion of the DK-5 car driving by the victim C was placed in front of the right side of the Defendant’s vehicle.

Due to its shock, the front part of the Frane car driven by the victim E, which was driven by the victim E, which was driven by the vehicle of the defendant in the main three-lanes of the city, was received by the front part of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim C, such as dump dump dump, which requires approximately five weeks of medical treatment due to occupational negligence in a state where normal driving is difficult due to the influence of alcohol, such as the victim G, E, H, and I for two weeks of medical treatment.

2. The defendant is under the influence of alcohol by 0.157% at the time and place specified in the above 1.1. Paragraph (1) of the Road Traffic Act, and the defendant is under the influence of alcohol at the level of 0.157% at the same time and in front of the cafeteria located in Pyeongtaek-si.