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(영문) 수원지방법원 안산지원 2014.05.13 2014고단674
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 01:50 on February 11, 2014, the Defendant driven a B Dalp car at the section of about 3 meters from the 868-12-o, Yasan-si, Annsan-si, whose blood alcohol content is 0.257% under the influence of alcohol, from the road in front of the 868-12-o-dong, Ansan-si to the front road of the 26th projectpia Hospital.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a driver car above;

As above, the defendant tried to drive the above car of the defendant who was parked in Ansan-ro 98, Annsan-si, Annsan-si, Annsan-si, under the influence of alcohol.

There are two-lane roads, and the car of the defendant is parked in the two-lane, so the person engaged in driving of the motor vehicle has a duty of care to operate the parked motor vehicle by accurately operating the steering gear and operating the steering system and operating system so that the person who is engaged in driving of the motor vehicle has a duty of care to operate the parked motor vehicle without breaking the center line.

Nevertheless, the Defendant was under the influence of drinking, and the part on the left side of the DSS7 car driven by the victim C (20 years of age) who was under the influence of driving the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, which was driven by the victim C (20 years of age) who was under the influence of the center line, was under the part on the right side part of the DSS7 car.

As a result, the Defendant driven the said tea in a state where it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered a acute climatic salt that requires approximately three weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report (1) (2) (actual survey report);

1. A medical certificate;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to a report on detection of a host driver (Evidence List 21);

1. Article 148-2(2)1 of the Road Traffic Act and Article 44(1) of the Act on the Aggravated Punishment of Specific Crimes shall be the aggravated punishment for the crimes, Article 148-2(2)1 of the Act on the Aggravated Punishment of Crimes

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