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(영문) 수원지방법원 안산지원 2014.08.20 2014고단806
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 05:00 on March 25, 2014, the Defendant driven a B-low-income vehicle under the influence of alcohol content of about 0.159% at the section of approximately 2km from the central Dong of Ansan-si to the terminal distance of the same Sinpo-dong from the central Dong of Ansan-si to the same Sinpo-dong terminal.

2. From March 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) around 05:00, the Defendant driven B's low-pollution car while under the influence of alcohol of 0.159% in the blood alcohol concentration, and proceeded at a non-speed speed depending on two laness between the five lanes in the direction of the Ansan Coast Police Station in the direction of Sungpo-dong.

Since the location is an intersection of 10-lanes from which signal, etc. are installed, there was a duty of care to prevent accidents in advance by properly operating the brake system, such as waiting or driving in accordance with signals, etc., by properly operating the brake system.

Nevertheless, the Defendant was negligent in failing to properly operate the operation system under the influence of alcohol, and the Defendant was driven by the victim C (V, 53 years old) who was in the same lane, in the front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. A report on detection of a drinking driver and a drinkinger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act shall be punished by imprisonment; and

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