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(영문) 수원지방법원 여주지원 2015.01.16 2014고단857
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving of B-learning automobiles.

1. On November 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle while under the influence of alcohol level of 0.294% on blood alcohol level at around 18:50 on November 19, 2014, while driving the said vehicle along a three-distance street road at the entrance of the balleeeeeeeeec static apartment at the venue of the game.

At night, it was narrow road of one lane. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by safely driving the motor vehicle, such as taking the front door and right door well, and accurately operating the steering system and the brake system of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle by neglecting the speed at the front time, etc. while making it difficult for the Defendant to drive the vehicle, and received the back part of the victim C (37 years old) driving, which was stopped for the signal waiting in front of the direction of the driving, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as catum cat, which requires treatment for about two weeks, injury to the victim E (the 37 years old), who is the passenger of the victimized vehicle, such as catum catum, which requires treatment for about three weeks, and injury to the victim F (the 6 years old) who is the same passenger, such as catum catum that requires treatment for about two weeks.

2. Around November 18:50 on November 9, 2014, the Defendant was driving a frighting car in the section of about 10km from the village entrance to the place where the said accident occurred, when the Defendant was under the influence of alcohol by 0.294% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Each written diagnosis of C, E, and F;

1. A traffic accident;

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