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(영문) 수원지방법원 안산지원 2014.05.23 2014고단137
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 25, 2013, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving license, and the Defendant driven B-type cargo lanes over about 1k meters in front of the dormitory distance in the vicinity of the members of Ansan-si, an Ansan-si, under the influence of alcohol of at least 0.271% of the blood alcohol content without obtaining a driver’s license on December 25, 2013.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) was run by the Defendant as a person driving a freight vehicle B, who is engaged in driving of the cargo vehicle at the time and time specified in paragraph 1, along with one lane from the direction of the station at which the said three-lane distance in front of the dormitory was set off.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by sufficiently maintaining the safety distance between the front and rear and the front.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and was negligent in driving, and the Defendant did not find the victim C's lurburged vehicle that was driven in front of the Defendant at the time, and received the back part of the victim's vehicle as the front part of the Defendant's vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving of the motor vehicle is difficult due to influence of drinking, and caused the victim C to suffer from the injury of the victim C, such as the salt, tension, chroud, and chroud, chroud, and tension in need of a medical treatment for about a week, and caused the victim E to suffer from damage to the character of the head of the croud, which requires a medical treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual survey report and related photographs;

1. Reports on detection of, and records about, a host driver;

1. Making inquiries into the license ledger;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Criminal facts;

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