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(영문) 수원지방법원 안산지원 2015.04.08 2014고단3126

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaged in driving a spectrum vehicle.

1. Around 22:42 on October 23, 2014, the Defendant driven the said vehicle under the influence of alcohol leveling approximately KRW 200 meters from the front of the “chilled vehicle” in the valley-dong, Yan-gu, Ansan-si, Ansan-si, to the front of Jeju Marine Fishery in the same 689-6, while under the influence of alcohol leveling to about 0.284% in blood alcohol level.

2. On October 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car at a speed of about 40 km per hour from the dedicated park to the second comprehensive market in Ansan City.

Since there are few signals near the intersection, the person engaged in driving service has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, as stated in the above Paragraph 1, the Defendant was negligent in driving under the influence of alcohol to the degree of 0.284% in blood alcohol level, and received as the front part of the Defendant’s vehicle the rear part of the E-ray car driven by the victim D (V, 42 years old) who was in the same signal atmosphere in front of the same lane.

Ultimately, the Defendant suffered injury to the victim D, such as salt pans and tensions, by negligence in the course of performing such duties as above, for about two weeks, and injury to the victim F, who is the passenger of the damaged vehicle, such as salt pans and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement related to a traffic accident;

1. Each written diagnosis;

1. Traffic accident reports, traffic accident reports, photographs related to the occurrence of the accident, reports on the circumstantial statement of the driver concerned, reports on detection of the driver concerned, response to requests for appraisal, and application of Acts and subordinate statutes governing the blood alcohol appraisal;

1. Criminal facts;