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(영문) 수원지방법원 안산지원 2014.01.28 2013고단3071
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2007, the Defendant is a person who has received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on February 7, 2007 and has the same kind of power three times more.

【Criminal Facts】

The Defendant is a person engaging in driving a car B.

On November 13, 2013, the Defendant driven the said car under the influence of alcohol concentration of 0.205%, and led the said car to the front side of the indoor park and the apartment park.

The Defendant, prior to the same direction, had the duty of care to ensure and proceed with the safety distance to avoid the collision with the victim C (the age of 19) as the victim C (the age of 19) driven by the driver, so that the driver was well aware of the situation, and the driver had the duty of care to ensure and proceed with it.

Nevertheless, under the influence of alcohol, the Defendant was placed at the front part of the above Oral Sea, which was stopped in accordance with the suspension signals due to negligence while neglecting it.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, a traffic accident occurrence report, accident photograph, the circumstantial statement of a drinking driver, each drinking-powered driver, a report on detection of drinking drivers, a blood collection report, a blood alcohol appraisal report, a diagnosis report, and a criminal investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 of the Criminal Act:

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