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(영문) 수원지방법원 2014.11.13 2014고단4935
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 BM7 car;

On September 3, 2014, at around 08:15, the Defendant driven the said car under the influence of alcohol with 0.209% of alcohol concentration 0.209, and led the road front of the “D convenience store” located in Suwon-si C in Suwon-si, Suwon-si, to the Public Health and Environment Research Institute on the side of the National Bank.

Since the place is an intersection where a signal, etc. is installed, the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to maintain the safety distance with the prior motor vehicle in accordance with the signals, while maintaining the safety distance with the prior motor vehicle.

Nevertheless, the Defendant neglected this and caused injury to the victim G(38 years old) who was waiting in the signal waiting at the front of the said vehicle due to negligence when he neglected his duty at the front of the said vehicle in a situation where it is impossible to drive the vehicle normally due to influence of alcohol, and caused the injury to the victim G (38 years old) who was staying in the front of the said vehicle, due to the shock of the back criminal part of the victim E (37 years old, n.e., the victim E) who was living in the said vehicle for about two weeks.

2. On September 3, 2014, at around 08:15, the Defendant driven a BM7 car while under the influence of alcohol content of 0.209 percent from the roads in front of the nuclear power station in Suwon-gu, Suwon-si to the roads in front of the said “other convenience store”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition of traffic accidents;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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