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(영문) 수원지방법원 2015.01.28 2014고단4012
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaging in driving a D K5 vehicle.

At around 22:50 on July 8, 2014, the Defendant proceeded two-lane roads in front of the Friju District E in Young-gu, Suwon-si, Suwon-si, with two-lanes of local heating works.

At the time of night, the person engaged in driving service has a duty of care to reduce the speed and to keep the right and the right and the right well and to secure the safety distance with the vehicle in front and prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the back part of the bicycle operated by the victim H(38 years of age) prior to the Defendant’s vehicle in a breath state where normal driving is difficult under the influence of alcohol 0.254%, and received the back part of the bicycle operated by the victim H(38 years of age) prior to the Defendant’s vehicle.

Ultimately, the Defendant suffered from an injury, such as blood therapy, due to such occupational negligence, thereby resulting in the death of the victim due to a low blood transfusion shock, among the ASEAN University Hospital located in the Young-gu, Young-gu, Suwon District, 164, around July 9, 2014.

2. At around 22:50 on July 8, 2014, the Defendant driven a DK5 car under the influence of alcohol content of about 1 KK 0.254% at the section of approximately 1 Km from the Samsung Electronic CSSa parking lot located at the source of Young-gu, Suwon-si to the F station in front of the F station in E.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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