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(영문) 수원지방법원 안산지원 2015.01.30 2014고단2532
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on August 28, 2014, the Defendant driving a BNS coo-coo car in the state of alcohol alcohol concentration of approximately 0.227% from the section of about 19km to the point of about 16.2km in Incheon in the 2nd-ro Incheon in the city of Sinscoo-coo-coo, from the SKK-dong parking lot located in the Sinpo-dong of Mang-si to the point of 19km in the city of Sinscoo-si.

2. A 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 car in BNAS.

On August 28, 2014, at around 22:05, the Defendant: (a) driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol as described in paragraph (1), such as putting the light on the face; and (b) driven the said car in a state where it is difficult to drive the car normally, and (c) driven the car along the four-lane 16.2km of the Highway, which is the second-lane 16.2km from the inside side of Incheon, along the three-lane of the Highway

A person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle by accurately manipulating steering devices, brakes, etc.

Nevertheless, as the Defendant was negligent in neglecting this due to negligence while under the influence of alcohol, it seems that the D Poter Cargo in the victim C(57 years old) driving at the front line was changed from the two-lane to the three-lane, and thus, the lower part of the said cargo was received as the front part of the said passenger vehicle.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of treatment for about two weeks, and injury to the victim E, who was on board the above cargo tank, such as salt ties, tensions, etc. requiring treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual survey report and accident photograph;

1. Report on the circumstantial statements of a drinking driver and drinking output;

1. The application of Acts and subordinate statutes of each written diagnosis and written estimate (No. 13);

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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