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(영문) 수원지방법원 안양지원 2015.03.20 2014고단1979
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a rocketing siren vehicle;

On November 21, 2014, the Defendant, while under the influence of alcohol around 05:44, the blood alcohol concentration of 0.195%, was driven by the Gunpo Military Prisoners of war in the direction of both villages and ICT from the Gunpo Military Health Center.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering gear of a driver of a motor vehicle, who is engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant: (a) was under the influence of alcohol, a speech and walk is divided into two parts; (b) the rear part of the E-learning vehicle driven by the victim D (the age of 30) due to the preceding accident due to the driver’s negligence while driving, and (c) the Defendant was under the front part of the vehicle driven by the Defendant; and (d) due to the shock, the victim F (the age of 51) who was under a stop in the future was under the influence of the vehicle.

Ultimately, the Defendant driving a motor vehicle under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim D, such as the shutdown of the left-hand pelon abandonment, which requires approximately seven weeks of medical treatment, and injury to the victim F, such as salt dump, tension, etc. in need of medical treatment for about two weeks.

2. Around November 21, 2014, the Defendant driven the above strawing vehicle at a section of about 3 km from the roads where he/she was under the influence of alcohol at a 0.195% under the influence of alcohol level on November 21, 2014 to the roads where he/she was under the influence of alcohol level 0.195%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of the occurrence of each traffic accident in F and D;

1. A traffic accident report (1) (2);

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. D. F. D.

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