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(영문) 수원지방법원 평택지원 2015.01.08 2014고단1685
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] The defendant is a person who received a summary order of a fine of one million won for a violation of the Road Traffic Act from the credit branch of Suwon District Court on January 29, 2002, a summary order of 1.5 million won for the same crime in the same court on October 14, 2005, and a summary order of two million won for the same crime in the same court on September 21, 201, respectively.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 26, 2014, at around 21:40, the Defendant driven the Poter Cargo with a blood alcohol concentration of 0.11%, while driving the said Poter, leading to the front road of the D Motor Vehicle Driving Institute located in Pyeongtaek-si C from Pyeongtaek-si University to Pyeongtaek-si University.

However, since there is an intersection where signal apparatus is installed at the front side, in such a case, there was a duty of care to safely drive the driver, such as reducing speed in preparation for the stop signal in advance and checking whether there is a vehicle stopping for the signal atmosphere by checking well.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and driving at the same speed, brought the back part of the victim E (hereinafter referred to as 41 years old), which was in the atmosphere of signal at the same speed, into the front part of the cargo vehicle, and due to the shock, caused the above-learning passenger vehicle to shock the back part of the victim G(39 years old) driving in the front section.

As a result, the Defendant driven the above cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the victim E such satch satitiss, etc. requiring two-day medical treatment, and from the victim G, the victim I (the victim I, 33 years old), who is a passenger with the above golf vehicle, for about two-day medical treatment.

Summary of Evidence

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