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(영문) 수원지방법원 평택지원 2015.05.21 2015고단362
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 23:30 on February 14, 2015, the Defendant driven a B Sti-type car in the state of alcohol alcohol concentration of about 700 meters from a section of approximately 700 meters to the front road of the Korea National University, which is located in the same Sindo-dong, under the influence of alcohol content of 0.162%.

2. The defendant is a person who is engaged in driving a motor vehicle in a spati district as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes Act;

On February 14, 2015, at around 23:30, the Defendant, while under the influence of alcohol, driven the said car, and driven the two-lane road in front of the Han-Gyeong University in Ansan-si. The Defendant driven the said car along two-lanes from the mapt to the tin Tri-distance.

At the same time, there was an intersection where signal lights are installed, and there was a preceding vehicle, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving service while maintaining a safety distance with the preceding vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to influence of drinking, and neglected to proceed as it is, and caused the victim to go beyond the road, after the victim C (the age of 53) who stops in the front of the Defendant’s front side of the traffic signal in the traffic signal atmosphere, the Defendant left the front part of the Defendant’s vehicle and got the victim go beyond the road.

As a result, the Defendant suffered a shoulder, elbow, knee knee kne, etc. that requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

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

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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