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(영문) 수원지방법원 안산지원 2015.05.06 2015고단445
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

[criminal power] On January 8, 2004, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on January 8, 2004. On January 30, 2007, the same court was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving). On April 24, 2007, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant, at around 19:11 on January 24, 2015, under the influence of alcohol leveling to 0.237% on blood alcohol level, while normal driving is difficult due to the influence of alcohol leveling to 0.237%, is proceeding at approximately 50 km per hour on the erode from the erode of the erobbbbbbbal off of the ambal-dong.

From the first lane to the second lane, the line has been changed.

In such a case, a person engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles due to the vehicle line intended to change, it is prohibited to change course, and when changing the vehicle line, he/she has a duty of care to safely change the vehicle line by operating direction, etc. in advance, giving prior notice of change of course, and giving prior notice of change of course.

Nevertheless, the defendant neglected such duty of care and changed the vehicle line as it is, due to the negligence of changing the vehicle line, and received the part on the left side of the motor vehicle of the victim C (year 41) driving in the same direction as the motor vehicle of the defendant's passenger vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered bodily injury, such as a detailed unknown body part, which requires a medical treatment for about three weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. A traffic accident report;

1. A report on the circumstances of the driving under the direction of the State;

1. Photographs related to accidents;

1. His previous convictions.

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