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(영문) 창원지방법원 2014.06.17 2014고단372
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Changwon District Court on June 2007, and the Defendant was issued a summary order of two million won for the same crime at the same court on April 5, 2010.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person engaged in driving B rocketing and a person engaged in driving the said vehicle around 00:10 on January 19, 2014, the Defendant driven the said vehicle at around 00:10 on January 19, 2014, and proceeded one-lane of the four-lanes in front of the arm’s length distance in the window of the Changwon-si.

At the time, the center line of the yellow-ray is installed at night, and in such a case, a person engaged in driving service has a duty of care to safely operate by checking well the right and the right.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving the center line with the driver's negligence and received the front part of the victim C(W, 30 years old) driving in the opposite direction.

In the end, the Defendant, while driving a vehicle in a situation where normal driving is difficult due to the influence of alcohol, suffered from the injury of the victim C and the same E (V, 30 years of age) in need of two weeks of medical treatment.

2. Violation of the Road Traffic Act (LA) the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.081% at a section of about 15 km from the roads near the Gannam National University located in Changwon-si, Changwon-si, Changwon-si to the roads in front of the Changwon-si Jin-dong Do.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and C;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Each written diagnosis (C, E);

1. Written estimate - D

1. Photographss of the scene of the accident and of CCTV image data taken;

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