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(영문) 수원지방법원 안산지원 2014.12.02 2014고단2529
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 October 2, 2014, at around 05:45, the Defendant: (a) borrowed a vehicle under the influence of alcohol with a blood alcohol concentration of about 0.283% from a section of about 1km from the front of the new culture street in Sincheon-si to the 1-5th road in Sincheon-dong, Sincheon-dong, Sincheon-do, to drive the vehicle.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and engages in driving motor vehicles;

On October 2, 2014, at around 05:45, the Defendant, as described in paragraph (1), driven a two-lane road in the 1-5 Sinung-dong, Sinung-dong, Sinung-si, Sinung-dong, by driving the said vehicle in a state that it is difficult to drive the vehicle normally, such as a string of red, singinging and routing of red, singinging, and routing, while under the influence of alcohol as described in paragraph (1).

In this case, the driver has a duty of care to safely drive the steering system by properly manipulating the steering system, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant did not see that the Diver car driven by the victim C(50 years of age) who had been driving before the Defendant was waiting for the red signal, and instead, the lower part of the said Civer car was extracted as it was in front part of the car and suffered injury, such as brain dust, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Motor vehicle accident reports (1) (2), reports on detection of drivers, and application of Acts and subordinate statutes to medical certificates;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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