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(영문) 창원지방법원 2014.10.24 2014고단2058
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

1. Around 21:40 on June 25, 2014, the Defendant driving a same-sex motor vehicle with a blood alcohol content of about 2 km from the front side of the same apartment located in the fishing village of Kimhae-si to the front side of the Taesung Steel located in the same city at the same time.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle with the above A

The defendant, while making a temporary warning as set forth in paragraph (1), was driving the above car and proceeded along the three-lanes of the above large steel road in front of the above large steel room from the inside side of the Dong-dong with the non-defluence.

At that time, the Defendant had a duty of care to ensure safety distance and to prevent accidents in advance by reducing speed, as he / she followed E/ her E/ her vehicle driven by the victim D(35 years of age) prior to the same direction. Thus, the Defendant had a duty of care to ensure safety distance if the E/ her driver runs slowly by well examining the situation.

Nevertheless, the defendant, in a situation where normal driving of the above vehicle is difficult due to influence of drinking, was found late to drive the above vehicle at the speed of 10 km per hour due to negligence, which caused the defendant's failure to reduce the speed, and the defendant's failure to reduce the speed, caused the part of the above victim's math in front of the left-hand side of the defendant's back-hand side of the victim's math, followed the victim's math to the right-hand side of the victim's 20 km per hour, and due to the shock, the above math was the f (42 years old) driver's f.

Ultimately, the Defendant caused the injury of the victim D, which requires approximately three weeks of medical treatment by occupational negligence, to the victim F, and approximately two weeks of medical treatment to the victim F.

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