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(영문) 수원지방법원 안산지원 2015.02.03 2014고단3097
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a B-A-lurd motor vehicle with a blood alcohol concentration of 0.147% under the influence of alcohol around 22:20 on November 18, 2014, and led the three-lane road of 1625-4, which is located on thewest coast at the city of stimulh, from the west bank to the west bank

At the time of night, there is a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in the defendant engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol as above, the Defendant neglected to take the front-way in a situation where normal driving is difficult, and due to negligence in failure to accurately operate the brake system, the Defendant received the rear part of the DNA knife vehicle driven by the victim C (the age of 41) who was waiting for signal at the front direction of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Around 22:20 on November 18, 2014, the Defendant driving a motor vehicle with a blood alcohol content of about 20km from the front side of the motor vehicle in Gangnam-gu Seoul Metropolitan Government to the 1625-1 road at the coast from the street to the city of Sinstience, the Defendant was under the influence of alcohol of about 0.147% from the 20km section.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to traffic accident report (1) (2), accident-related photographs, drinking measurement results, and diagnosis reports;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 choice of imprisonment with prison labor as to the crime;

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

1. Article 62(1) of the Criminal Act reflects the Defendant’s mistake, and is the victim.

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