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(영문) 수원지방법원 안산지원 2014.09.04 2014고단1959

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

On May 13, 2013, the Defendant received a summary order of KRW 2.5 million from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Seoul East Eastern District Court to a fine for a violation of the Road Traffic Act on March 18, 2011.

1. Around 00:50 on June 21, 2014, the Defendant driven a car running from the street in front of the “Saun Fladra” located in the members of Ansan-si Hasan-dong under the influence of alcohol content of 0.261% on a blood alcohol level from the street to the street in front of the rista distance located in Ansan-si, Ansan-si.

2. On June 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) (hereinafter “Dangerous Act”) (hereinafter “Dangerous Driving”) passed two lanes on the road of four-lane distance in front of the normal distance in Ansan-si, Seosan-si, Seosan-si.

At the time, since it is an intersection in which a night and a signal is installed, a person engaging in driving a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering direction and brake system of the motor vehicle, and by checking whether there is a motor vehicle standing in front.

Nevertheless, while the Defendant was under the influence of alcohol concentration of 0.261%, the Defendant was negligent in driving a car in a state where normal driving is impossible, and received the back part of the E-tax driven by the victim D (the age of 53) who stops along the stop signal on two-lanes in the same direction as the front part of the car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the person involved in the D traffic accident;

1. The actual condition of traffic accidents (1) (2);

1. A report on the statement of the status of an employer, and a report on the entry into an employer;