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(영문) 수원지방법원 안산지원 2014.11.25 2014고단1794
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 31, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a C Poter cargo vehicle with a blood alcohol concentration of 0.181%, while under the influence of influence on May 22, 2014, and proceeded with a three-lane road in front of the Ewing place D at a luminous time at a luminous speed from the direction of the luminous distance to the luminous distance.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely in accordance with the signals by checking the front left and right door well for the person engaged in driving service.

Nevertheless, the Defendant neglected to do so and proceeds ahead of it due to negligence, which directly led to the suspension of the Defendant.

The back part of the GST5 taxi driven by the victim F (year 66) who was parked in accordance with the new rule was the front part of the cargo vehicle operated by the defendant.

As a result, the Defendant driven the above cargo in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim H (V, 65 years of age) who is a passenger of the above SM5 si in need of treatment for about two weeks, such as cryp and cryp salt, etc., and suffered injury, such as the right shoulder, which requires treatment for about two weeks, to the victim H (V, 65 years of age).

2. The Defendant violated the Road Traffic Act (driving) driven C Poter cargo under the influence of alcohol with a blood alcohol concentration of 0.181% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. A traffic accident report;

1. A report on the circumstantial statements of the driving of a drinking house and a report on the detection of a drinking driver;

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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