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(영문) 수원지방법원 안양지원 2015.03.12 2014고단1738

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

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

1. On October 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a C-A-to-purd motor vehicle under the influence of alcohol level of 0.157% at the front of the Kanyang-gu Mangy Park in 593, Annyang-gu, Manyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-gu

However, since there was a cross-section where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the crossing and prevent the accident in advance.

Nevertheless, the Defendant neglected to pay the remainder under the influence of alcohol and instead instead of changing the signal to the right-hand turn signal from the right-hand turn line, but by negligence the victim D (33 years old) driven by the straight-on signal from the right-hand direction, was driven by the EKaren motor vehicle fronter for the Defendant’s driver’s vehicle.

Ultimately, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as a spelke, which requires approximately eight weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, driven the said car under the influence of alcohol with a blood alcohol concentration of 0.157% at the above location.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2);

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, vehicles under consideration, and photographs of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 of the Road Traffic Act concerning the crime;