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(영문) 수원지방법원 2014.04.09 2014고단265
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

The defendant is a person who is engaged in driving a motor vehicle B.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on December 19, 2013, around 07:55, along the two-lane roads near the erode of the erode in the eroculation in the erode of the eroculation.

At the time, snow was low and temperature was low. Since the victim C(49 years old) was driving on the front side, there was a duty of care to prevent accidents in advance, such as reducing speed, driving on the front side and the right and the right and the right of the driver, and accurately operating steering and brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in a state where normal operation is difficult (0.174% of alcohol content in blood) while being under the influence of alcohol (0.174%) and caused injury to the victim F (66 years old), the passenger of the victim C and the above bus, and the victim G (hereinafter referred to as 28 years old), by taking the part behind the above bus in front of the signal waiting in the front direction, and taking the part of the traffic signal at the front of the traffic vehicle.

2. The Defendant was under the influence of alcohol concentration of 0.174% at the above time and at the 1km section from the administrative Ri of the local government in the local government of the local government in the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the Republic of Korea to the above eth

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. C’s statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 40 of the Criminal Act of the Commercial Competition.

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