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(영문) 수원지방법원 안양지원 2013.10.30 2013고단935

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

The defendant is a person who is engaged in the business of driving Cone Star Co., Ltd.

1. Around 03:00 on June 22, 2013, the Defendant driven the above maid vehicle while under the influence of alcohol content of 0.163% at a section of about 15km from the 15km to the roads in front of the Suyang-dong Park in the Mayang-dong, Mayang-gu, Mayang-si, Mayang-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the said van while under the influence of alcohol as above, and drive the said van at a speed of about 60 km per hour according to the speed of 30 km from the brea-dong located in Gyeyang-dong, Gyeyang-gu, Mangyang-gu, Mangyang-do to the front side of the Samyang-dong, Suyangyang-gu, Suyang-gu, Seoul.

At the time, there are nights, and at the front of the road, the intersection signal lights and crosswalks are installed, so the driver of the vehicle has a duty of care to look at 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 the right and the right and the right and the right and the right

Nevertheless, the Defendant was negligent in driving at a state of difficulty in normal driving under the influence of alcohol and, due to negligence, the victim D (ma, 54 years old) who was crossing the crosswalk in front of the Samduk Park at the entrance of the central market at the seat of the Samduk Park.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in injury to the victim, such as a wound-free propoppy, which requires at least four weeks of medical treatment.

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

1. A written report and circumstantial report from an employer to the driver (the fact that the second crime is committed on the basis of the driver);

1. Defendant's legal statement;

1. Statement of victim to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicles and on-site photographs;