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(영문) 수원지방법원 성남지원 2014.05.01 2014고단282
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

Criminal facts

1. On January 8, 2014, the Defendant: (a) from around 17:20 to around 18:45 of the same day, the Defendant driven a Bpoter-II truck under the influence of alcohol content of 0.15%, without obtaining a driver’s license, in the section of approximately 500 meters from the front side of the two-use apartment in 350-25 as proposed in Gwangju City Council from around 17:20 to around 18:45 of the same day to the front side of the modern apartment in 33rd in Gwangju City.

2. On January 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) driven the said cargo while under the influence of alcohol, such as paragraph (1) of the same Article, and led to the two-lanes of the two-lanes in front of the modern apartment located in 33 in the ancient city in Gwangju Metropolitan City, to the kidne distance from the offside of the Gopo-Eup.

At the time, signal lights were red at night, and the defendant's front side, the victim C(52 years old) driver DPoter Ⅱ was in the order of signal signal, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle by viewing the front side and ensuring safety distance.

Nevertheless, due to the negligence that the Defendant had been negligent in driving while under the influence of alcohol, the Defendant received the part behind the cargo vehicle of C as the front part of the Defendant’s cargo vehicle, and due to the shock, C’s cargo vehicle in front of the Defendant, and the front part of the Victim E(32 years old) driving.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and caused C to suffer injury, such as cage cages, which requires two weeks of medical treatment, such as cage cages, etc., the victim G (the 45 years of age) who is the fages of the fages, etc., for about three weeks of medical treatment, and caused E to inflict injury on the fages, etc. in need of two weeks of medical treatment.

Summary of Evidence

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