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(영문) 수원지방법원 평택지원 2014.10.08 2014고단1200
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

On September 29, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, etc. from the Jung-gu District Court Goyang Branch on September 29, 201, and on November 30, 2010, the same court received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

1. On June 26, 2014, the Defendant: (a) was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving a sound driving) and the Guarantee of Automobile Accident Compensation Act, driving the said benz motor vehicle from a 500-meter section from the day front of a mutually unclaimed restaurant located near Pyeongtaek-dong, Pyeongtaek-dong; and (b) from a 500-meter section to the front road, from the day on which the said benz motor vehicle was under the influence of a mandatory insurance with a blood alcohol concentration of 0.167%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person engaged in driving a benz car as set forth in Paragraph 1, and the Defendant driven the said benz car under the influence of alcohol as set out in Paragraph 1 on June 26, 2014, and led the two-lane road in front of the said benz to proceed along the benz along the intersection from the intersection.

In such a case, although there was a duty of care to prevent an accident by driving a person engaged in driving a motor vehicle in advance by safely driving the motor vehicle, the defendant was negligent in driving the motor vehicle in a state where normal driving is difficult due to influence of drinking, and the defendant was led to the following part of the Denz motor vehicle driven by the victim C (the age of 37) who was driving in the front direction of the motor vehicle in the front direction by neglecting it in a state where normal driving is difficult due to influence of drinking.

Ultimately, the Defendant suffered from the victim’s salt, tension, etc. in need of approximately three weeks’ medical treatment due to the above occupational negligence.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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