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(영문) 창원지방법원 2014.12.16 2014고단2518
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

On November 3, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million as a fine in the same court on August 16, 2010.

1. On June 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven B rocketing car in the direction of the Corporation's shooting distance, while under the influence of alcohol of 0.246% in blood alcohol concentration, and led the Defendant to proceed along two lanes in the direction of the Corporation's shooting distance in the direction of the active height.

At the same time, it was difficult to cut off the surface due to night and rain, and there was an intersection where signal lights are installed in the front bank, so the driver of the motor vehicle has a duty of care to reduce the speed and properly operate the brake system by properly operating it.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (hereinafter referred to as 43 years old) who was in the atmosphere of signal at the front section due to negligence in failing to properly operate the brake system while under the influence of alcohol, and was driven by the Defendant as the front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks.

2. On the same date and time as above, the Defendant driven the said B-car from a distance of about 3 km up to a distance of about 0.246% of alcohol concentration in blood, and up to a distance of about 3 km in front of the Cheongju-dong located in the Ggyeong-si, Kim Jong-si.

Summary of Evidence

1. The report on traffic accident by the police on the defendant's legal statement C, and the actual situation investigation report;

1. The circumstantial statements of an employer, each of which are made;

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