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(영문) 수원지방법원 2014.12.10 2014고단5606
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant had a U-turn by driving a vehicle with BSM est in a state where normal driving is difficult, such as under the influence of alcohol 0.212% of the blood alcohol concentration from the three-dimensional distance front of the Sejong-dong 301-1, Busan Metropolitan City.

Since there is a signal apparatus and a sign to allow a U-turn at the time of a pedestrian signal, in such a case, there was a duty of care to drive a person engaged in driving service by taking into account his surroundings well according to his name and direction.

Nevertheless, the Defendant neglected this and did not see a signboard under the influence of alcohol, and received the front part of the victim C (Nam, 40 years old) driving in the right side of the pertinent car that was driven by the Defendant at the right side of the said car, which was driven by the Defendant, due to the negligence of a U-turn at the time of a straight signal.

Ultimately, the Defendant, while driving the said car under the influence of drinking alcohol, suffered from the injury of the victim E (V, 33 years old) who was accompanied by the said car to the victim C and the victim’s vehicle. At the same time, at the same time, the Defendant damaged the victim’s vehicle to have a department equivalent to KRW 3,468,925 for repair costs.

2. The Defendant violated the Road Traffic Act (driving) at the time specified in Paragraph 1, driven the said vehicle under the influence of alcohol by 0.212% from the section of approximately 2 km to the distance from the front of the restaurant where it is impossible to identify the name of the city at Olsan at the time specified in paragraph 1 to the three km in front of the Sejong Don-dong 301-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

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

1. Notification of the control of drinking driving;

1.Each.

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