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(영문) 수원지방법원 성남지원 2015.07.23 2015고단942
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around 06:50 on May 3, 2015, the Defendant driven a BY II car under the influence of alcohol alcohol 0.145% from the 2km section to the front road of the 119 Safety Center located in the 119 Safety Center in Gwangju-si, Gwangju-si, about 07:00 on the same day from the street in front of the Jin-si, Jin-si, Gwangju-si, about 07:0 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a B car;

On May 3, 2015, at around 07:00, the Defendant driven the said car in front of the 119 Safety Center in Gwangju-si, Gwangju-si, 520-8, in a situation where normal driving is difficult under the influence of alcohol, as provided in paragraph (1), and led it to a difficult direction from the direction of the direction of the road.

At that time, there is no median line in the future of the 119 Safety Center. Since the defendant intends to overtake a cargo truck that runs ahead, he/she shall pay due attention to the traffic of the opposite direction and the traffic in front of the vehicle ahead, and there was a duty of care to overtake the vehicle at a safe speed and method such as using a direction indicator light or horn.

Nevertheless, the Defendant neglected this and failed to discover the D New R&D car driven by the victim C (the age of 52) who was driven by the victim C(the age of 52) in the opposite direction, and received the front part of the said damaged car as the front part of the car driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of treatment, such as a brushing in the right pelle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions concerning facts constituting an offense;

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