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(영문) 수원지방법원 안산지원 2014.10.14 2014고단1686
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle at C in low price.

1. Around 06:55 on April 22, 2014, the Defendant driven the said vehicle under the influence of alcohol to the degree of about 5 km from the front side of the 874 ambalian East-gu, Ansan-si, Ansan-si to the 5-4 ambalian Industrial Complex from the day on which he/she drives the said vehicle under the influence of alcohol to the degree of about 0.211% of the blood alcohol concentration.

2. On April 22, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car on April 22, 2014, and led to the running of the said car at a speed of approximately 80 km in speed of about 80 km from the outer bank to the horizontal direction at a speed of about 5-4 square meters in order to keep it from the outer bank.

Since the place is where there are a large number of traffic vehicles and vehicles are rapidly different, the driver has a duty of care to care to prevent accidents by accurately manipulating the steering side and the steering gear and to prevent accidents.

Nevertheless, as stated in the above paragraph (1), the Defendant was negligent in driving a vehicle while driving the vehicle at a speed of 0.211% under the influence of alcohol to the extent that it is difficult to drive the vehicle normally, and received the retaining wall of the central separation zone in front of the driving seat of the vehicle that the Defendant drives by returning the vehicle hand to the left side.

In the end, the Defendant suffered injury, such as a multi-faceted flachi, etc., in need of approximately 10 weeks of medical treatment, to the victim D (V, 41 years of age) who was on board the Defendant’s vehicle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. A traffic accident report (1) (2) (including accident-related photographs, black stuffs images of the accident-related vehicle, booms images, and caps photographs;

1. The circumstantial report on a drinking driver, the request for appraisal of blood alcohol concentration and documents related thereto, reply to requests for appraisal, and the written appraisal of blood alcohol;

1. A medical certificate;

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