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(영문) 수원지방법원 2014.06.12 2014고단1349
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;

On March 12, 2014, at around 22:45, the Defendant, while under the influence of alcohol at a level of 0.203% in blood alcohol concentration, was driving two lanes between the two-lanes in the water basin and the water basin.

In such cases, the driver has a duty of care to safely operate the steering system by emphasizing the front left and operating the steering system properly.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in failing to properly operate the steering direction and brakes in a situation where normal driving is difficult, was under the influence of driving DCA 110 Obaon part of the victim C (the age of 49) driving with two lanes in the same direction as the right side of the underground vehicle, and was under the influence of the Defendant’s car driving seat part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant from the road front of the Suwon-gu Go-Jon High School in Suwon-si, Suwon-si, the area of approximately KRW 1km to the Suwon-si, Suwon-si, Suwon-si, and the vehicle with a blood alcohol concentration of 0.203% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report on the actual state of the driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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