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(영문) 수원지방법원 성남지원 2014.03.27 2014고단69

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

Criminal facts

1. On January 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a B-A-purt Transport Vehicle while under the influence of alcohol concentration of 0.139% on blood on January 1, 2014, while driving a B-A-purt Transport Vehicle at the same time, and driving the three-lanes of the four-lane road in front of the yellow mountain distance in the Hannam-si, Chungcheongnam-si.

In this case, the defendant, who is engaged in driving, has a duty of care to see whether there is a vehicle in parking and safely drive the vehicle in order to ensure the signal atmosphere by seeing the front seat.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the string while neglecting the normal driving while driving, and did not find the victim C (51-year-old 51-year-old string-off string-off string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out string-out and caused the victim

2. The Defendant violated the Road Traffic Act (driving a sound driving) at a section of about 500 meters from the road front of the Mapo-gu Seoul Metropolitan City, which is located in the sub-paragraph (1) to the roads front of the aforesaid yellow dust distance, driving the said Aburged vehicle with the blood alcohol concentration of about 0.139%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual investigation report on traffic accidents and the occurrence report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act as to the crime, respectively;