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(영문) 수원지방법원 안산지원 2015.04.10 2014고단2921

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

1. The defendant is a person engaging in driving of Bone Star Vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 28, 2014, at around 21:16, the Defendant driven the said car with a alcohol level of 0.11% 0.11% in alcohol while driving it, and proceeded two lanes in front of the distance of a female flusium located in the Dong-dong, Ansan-si, a member of the Dong-dong Community Center, toward the hospital of the 21st century, and proceeded ahead of the victim C (38 years of age) driving.

In such cases, a person engaged in driving of a motor vehicle shall ensure and proceed with the safety distance that can be avoided in the event that the motor vehicle stops well.

Nevertheless, the Defendant failed to discover the rear part of the said C Driving as the front part of the Defendant’s driving vehicle, even though the said C Driving Vehicle was stopped by negligence while under the influence of alcohol, and did not discover it, and the said C Driving Vehicle conflicts again with the rear part of the said C Driving Vehicle. As the said C Driving Vehicle is pushed ahead again in the future, the latter part of the FF Driving Vehicle E(44 years old) of the Victim E was continuous collision.

Ultimately, the Defendant, while driving the above vehicle under the influence of alcohol, was negligent in neglecting the duty of care as a driver of the vehicle while making it difficult to drive the vehicle normally due to influence of alcohol, and caused the injury of the above C, such as the right shouldered salt, which requires treatment for about two weeks, to the above E, and suffered the injury of the said E, such as the dynasium, tension, etc. requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.11% at the section of about 1km up to the distance of the female flusium in front of the Dong-dong community service center in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident;