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(영문) 수원지방법원 안양지원 2014.02.11 2013고단1122
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving CM5 motor vehicles;

On July 14, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.183% of blood alcohol concentration on July 14, 2013, and proceeded at a speed of unsured one by three lanes from the military breath to the military breath of the 6-lane.

At the time, since vehicles were stopped at night and in the front door, they had a duty of care to prevent accidents by accurately manipulating the front door and left door and the right and the right and the right of the driver, and by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to such influence of drinking, and neglected to proceed along as it is, by negligence, led the victim D(the age of 51) who stops in the air at the front of the signal signal in the front of the said SM5 car, and caused the said machine tank to have the part of the front part of the said SM5 car driven by the victim F(the age of 52).

Ultimately, the Defendant suffered from the injury of the victim H (the 16-year-old) who was the passenger of the said D, F, and the said rocketing car due to the above occupational negligence, for approximately two weeks of medical treatment.

2. On July 14, 2013, the Defendant: (a) driven CM5 vehicle under the influence of alcohol content of 0.183% at a section of about 3km from around 0.183 meters of alcohol content to the end distance at the same time as that of the Pyeongtaek-dong in Ansan-gu, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. Each written diagnosis, vehicle, and on-site photograph;

1. Notification of the results of the drinking driving control, the report on the state of drinking drivers, and a copy of the cancelled statement; and

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