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(영문) 수원지방법원 안산지원 2014.09.30 2014고단1793
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle B high-speed.

On June 5, 2014, at around 23:15, the Defendant driven the said car while under the influence of alcohol of 0.234% of blood alcohol concentration, and driven the three-lane road in front of the Bluan Electronic Islands in the Bluan East East East at a non-speed speed, depending on two-lanes towards the steel dynamics.

At the same time, there is an intersection where signal lights are installed, so in such a case, the driver has a duty of care to reduce the speed of the driver and protect the vehicle line, and to prevent the accident by driving safely in accordance with the signals and safely.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded ahead of it by neglecting the vehicle line and driving ahead of it as is.

DK5 vehicle driving by the victim C (the age of 38) who stops according to the new rule was driven by the front-hand part of the vehicle in the front-hand part of the vehicle driving by the defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at the time and place specified in the foregoing paragraph (1), and driving a B low-speed car with a blood alcohol concentration of 0.234% under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. A survey report on actual conditions, a traffic accident scene, and photographs of the accident scene and the accident vehicle;

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

1. The ledger of driver's licenses;

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

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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