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(영문) 수원지방법원 2015.01.29 2014고단6368

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2010, the Defendant was issued a summary order of a fine of four million won by a violation of the Road Traffic Act, etc. at the Suwon District Court on August 27, 2010, and on September 11, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same court on September 201.

【Criminal Facts】

1. On September 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) was under the influence of alcohol in front of the construction site site of the 2 site area of the Donnam-Eup, Do in Gyeongsung-si on September 23:29, 2014, driving Cho-do with a blood alcohol concentration of 0.216%, and driving Cho-do in the direction of the fluent direction from the south direction.

In this case, the driver of the vehicle has a duty of care to properly operate the steering gear and brakes by properly operating the steering gear and brakes while living well in the front door in the case of the driver of the vehicle.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear and operation system under the influence of alcohol and received the back portion of the D freight which was parked on the road side, and received the front portion of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as external shock shocks, a parosis, etc., for about 20 weeks to the victim E (the 47 years old, female) who is the passenger.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) were driven by the Defendant without a driver’s license, under the influence of alcohol 0.216% from the front side of a public parking lot located in the Bupyeong-Eup in the Gunnam-Eup at the time of the said paragraph (1) to the place indicated in the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written request for appraisal;