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(영문) 수원지방법원 안산지원 2015.10.15 2015고단2428

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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

1. On July 11, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) had a blood alcohol concentration of around 05:00 to 0.152% so that it is difficult to drive under normal conditions due to drinking and making it difficult for the Defendant to drive under normal conditions. On the one hand, the Defendant was driving at 20 to 30 km each other of the two-lane roads in front of the shooting distance of the D Building in Ansan City, Ansan-si

Since there is a long distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to see the front side and to operate safely by accurately operating the steering system and operating the steering system of the vehicle.

Nevertheless, the Defendant neglected this and did not properly see the front bank, thereby causing injury to the victim E (the 28-year-old driver) who was in the front line of the signal in the Defendant’s course, by taking the back part of the sports car into front part of the fcoon car, and taking approximately two weeks of medical treatment to the victim.

Accordingly, the defendant caused the injury to a person in a situation where normal driving is difficult due to influence of drinking.

2. On October 27, 2006, the Defendant received a summary order of KRW 700,000 from the Seoul Southern District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act, and on December 21, 2007, a summary order of KRW 2 million as a fine of KRW 2 million from the Suwon District Court to the same crime.

On July 11, 2015, at around 04:50, the Defendant driven Crane car at approximately 1.5 km from the front side of the parking lot in the Yandong-dong in Ansan-gu, Ansan-si to the front side of the Yandong-gu, Ansan-si, Ansan-si, on July 11, 2015, at around 05:00, the Defendant driven Crane car at around 1.5 km from the front side of the parking lot in the Yandong-gu, Ansan-gu, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Notification of the results of the control of drinking alcohol driving, and circumstantial reports on drinking drivers;

1. A medical certificate;