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(영문) 수원지방법원 안산지원 2015.01.15 2014고단2690
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. On October 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a Btop car under the influence of alcohol concentration of 0.238% by driving it on a blood alcohol level on October 23, 2014, and led the Defendant to a signal signal while driving the Btop car in front of the Jeju 8-U.S. 801 road, which is located in B to the front of the Ctop road located in the eban-si

At the time, there was a duty of care to prevent accidents by putting forward another vehicle in front of the defendant's vehicle and accurately manipulating the steering and steering devices of the vehicle in front of the other vehicle, and to prevent accidents.

Nevertheless, as above, the Defendant was driven by the victim C (year 20) who was stopped in front of the Defendant’s vehicle due to the negligence of driving in a situation where normal driving is difficult due to influence of drinking, and was driven by the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., to the victim due to the above occupational negligence for about six weeks.

2. The Defendant was under the influence of alcohol concentration of 0.238% at the above temporary border, and the Defendant driven the 1km vehicle from the front side of the Jeju 1 Business Complex, which is located in the ebbban-dong at the ebbbban-dong, to the above accident place.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

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

1. Relevant 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 and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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