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(영문) 수원지방법원 안양지원 2020.04.22 2019고단2500
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2019, the Defendant: (a) around 23:25 of the Road Traffic Act violated the Road Traffic Act; (b) around 200, the Defendant driven a Clearning car under the influence of alcohol at about 0.128% of alcohol concentration from the 2km section to the front road of the 122 Annyang Postal Items Center, as a citizen, during the period from the front of the Mapo-si B Building to the Ansan-si.

2. The defendant is a person driving a motor vehicle driving the C bargaining motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving).

On October 28, 2019, the Defendant driven the above car on October 23:25, 2019, and had the front road of the 122 Annyang Mail Center, as a citizen, go straight from the front of the 122 Annyang Mail Center as the Gu citizen.

At the time, the road was milked due to the night and the cost of the road done before it, so there was a duty of care to thoroughly perform the duty of pre-accident and prevent accidents by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected this and found the victim D(55 years old) 30t Meet trucks, which were in the direction of the Defendant’s running at the front direction when driving of a motor vehicle due to the influence of drinking, late later, and received the rear part of the above truck as the front part of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence as above, suffered injury to the victim D, such as salt, tension, etc. in which the number of days of treatment cannot be known, and suffered multiple organ damage from the victim F (n, 41 years old) who was on the top of the Defendant’s vehicle, who was living in the seat of the Defendant’s vehicle, thereby causing death at G Hospital around 03:45 on October 29, 199 the following day.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A death certificate and a medical certificate;

1. The report on traffic accidents (the actual survey report);

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