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(영문) 수원지방법원 평택지원 2014.04.03 2014고단75

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on December 31, 2013, the Defendant driven a D Sti-type car under the influence of alcohol at approximately 0.127% of the blood alcohol concentration on the section of about 300 meters from the road front of a mutually influent restaurant near Pyeongtaek-gu Dorri apartment in Pyeongtaek-si, Pyeongtaek-si to the front road in the same Ri at around 22:28 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) was a person engaged in driving a car in D Spo-type. On December 31, 2013, the Defendant: (a) driven the said car while under the influence of alcohol of 0.127% on blood alcohol level on December 31, 2013; and (b) proceeded with the said one-lane road from the side of the Spo-si Park Park in front at night; and (c) as at night and at the intersection, the Defendant had a duty of care to thoroughly operate the vehicle in front and safely in compliance with its own lanes.

Nevertheless, the Defendant neglected to drive the police's drinking test in a situation where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and caused the injury to the victims of G (the 29 years old) (the 31 year old) who were driven by the victim E (the 31 year old) of the F K5 vehicle driven by the Defendant, by taking the front part of the F K5 vehicle driven by the Defendant, to the front part of the F K5 vehicle driven by the Defendant. As such, the Defendant sustained on the part of the victim E with the above 5 vehicle the injury, such as the throst, tension, etc. in which it is necessary to give approximately three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, master-employed drivers, and diagnostic reports;

1. Each relevant Article of the Act concerning criminal facts;