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(영문) 수원지방법원 안산지원 2014.04.08 2014고단268
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 6, 2011, the Defendant received a summary order of KRW 1 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and on May 9, 2013, a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act.

1. Around 16:40 on December 7, 2013, the Defendant driving a vehicle B from the 5km section at approximately 5km to the front road of the SknanIC charging station, which is linked to the same 1115, under the influence of alcohol with a blood alcohol content of 0.104%.

2. On December 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a BAbeo car with a blood alcohol concentration of 0.104% while normal driving is difficult due to the influence of alcohol around 16:40% on December 7, 2013, and led to a four-lane road in front of the SK GyeongIC charging station located in 1115 Sinsi-si, Sinung-si, Sinung-si, Sinung-si, at a speed of about 60 km by one km from the jurisdiction of Sinsi Park to the jurisdiction

In this case, there was a duty of care to safely drive a person engaged in driving cars by checking the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (the age of 52) who was driving in the same direction as before the Defendant due to negligence while driving a stroke, and was driven by the victim C (the age of 52).

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as dump, tension, etc. in need of a two-day medical treatment, and suffered injury to the victim E (e.g., in need of a two-day medical treatment for the said car.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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