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(영문) 수원지방법원 안양지원 2014.05.30 2014고단254
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) driven a Dco-do car under the name of C by the mother of the Defendant, leading from the head of Si/Gun/Gu to the head of Si/Gun/Gu in the vicinity of Si/Gunpo-si, without the front line of the public parking lot in Si/Gunpo-si.

At the time of night, the victim E (the age of 49) was walking the above road due to poor view in view of the night, so in such a case, the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to safely drive the motor vehicle by taking into account the movement of the pedestrian victim, causing damage at a sufficient interval, stopping, and driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and neglected to drive normally due to influence of drinking, and failed to accurately operate the steering and brakes on the front side of the said vehicle with the right edge of the victim's right edge, and suffered injury to the victim, due to the left side of the said vehicle, by taking the victim's right arms to the right edge, and causing about two weeks of medical treatment.

B. A person who violated Article 44(1) of the Road Traffic Act by driving a motor vehicle at least twice under the influence of alcohol on May 2, 1999; Oct. 19, 2002; Nov. 27, 2005; and Apr. 1, 2009; and a person who violated Article 44(1) of the Road Traffic Act by driving a motor vehicle at least twice under the influence of alcohol on May 2, 199; and (b) was driving the motor vehicle under the influence of alcohol concentration of about 500 meters from the roads adjacent to the gold Station in the Sinpo-si, Sinpo-si, Sinpo-si to the front side of the above public parking lot located in the same Dong without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accidents;

1. Exemplary drivers;

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