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(영문) 수원지방법원 안양지원 2016.11.15 2016고단810

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On February 2, 2012, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on July 13, 2012 in the same court.

1. 도로교통법위반(음주운전) 피고인은 2016. 3. 6. 08:42경 의왕시 중앙샛길 30 앞 도로에서부터 의왕시 월암동 자연학습공원 사거리에 이르기까지 약 2km 구간에서 혈중알코올농도 0.153%의 술에 취한 상태로 B 봉고프런티어 화물차를 운전하였다.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving freight vehicles B.

On March 6, 2016, at around 08:42, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, as described in Paragraph 1, and turn to the left at a speed of about 20 km from the erogIC room at the speed of about the speed of about 20 km, from the erogIC to the erogic of the Simnae-dong community hall.

Since there is a section of non-protective left-hand turn with frequent traffic, there was a duty of care to prevent accidents by making a left-hand turn in the state that a person engaged in driving of a motor vehicle did not obstruct the traffic of the motor vehicle in accordance with the good faith by checking well the left-hand left-hand left-hand turn.

Nevertheless, the Defendant, under the influence of alcohol, neglected to turn to the left while driving in the opposite direction by negligence, caused the Darburged car driven by the victim C (ma, 56 years old) who was driving in the opposite direction to be driven by the Defendant to have the Defendant go to the left top of the freight of the Defendant.

As a result, the Defendant, while driving at risk due to the influence of alcohol that is difficult to drive normally, suffered injury by the victim, such as cutting off the body part of the left-off aggregate requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigative Report (Application, etc. of the FE mark Official Form) 1.