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(영문) 수원지방법원 평택지원 2014.12.30 2014고단1509

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[Criminal Power] On March 4, 2009, the Defendant received a summary order of KRW 1.5 million for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving a B car.

On July 24, 2014, at around 11:15, the Defendant driven the said car while under the influence of alcohol of 0.164% of blood alcohol level, and led to the flow of the three-lane road along the intersection of Pyeongtaek-si in Gyeonggi-do, along the three-lanes, from the direction of the Songan Industrial Complex, according to the three-lane.

In such cases, there was a duty of care to prevent accidents by checking the front and rear left-hand positions for those engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, led the Defendant to shock the back portion of the C driver's 1 ton truck, which was stopped pursuant to the new subparagraph at the front section of the said vehicle due to the negligence on the part of the driver's vehicle in which it is difficult to drive in a normal manner, and caused the said truck to shock the back portion of the victim's D (W, 33) driving which was stopped on the front section, and again caused the string to shock the taxi of the victim's E (the 63 years old) which was stopped on the front section.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D such as catum salt in need of approximately three weeks of treatment on the part of the victim F (five years of age) who was on the passenger car in the above spati-land, and suffered injury to the victim G (3 years of age) who was on the said spati-land in need of treatment for about two weeks of treatment, such as catum salt, etc., for about two weeks of treatment on the said spati-land, and for about two weeks of treatment to the victim E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. An appraisal report;