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(영문) 수원지방법원 성남지원 2015.11.04 2015고단1161
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 28, 2012, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Sungwon District Court's Sungnam branch on September 28, 2009, a fine of three million won due to a violation of the Road Traffic Act (driving) in the same court on September 28, 2009, a fine of one million won due to a violation of the Road Traffic Act (driving) in the same court on September 30, 2008, and a fine of two five million won due to a violation of the Road Traffic Act (driving) in the same court on November 5, 2007.

The Defendant is a person who is engaged in driving a BMW F80S Two-Wheeled Automobile.

At around 01:40 on May 5, 2015, the Defendant driven the said two-wheeled vehicle with a blood alcohol concentration of 0.177%, and led to the direction of the road in front of the Mannam-si C from the direction of the modification to the direction of the Mannam-si.

Since there are a large number of people, in such a case, a person engaged in driving service has a duty of care to accurately manipulate the steering gear and prevent accidents by accurately manipulating the steering gear and prevent accidents.

Nevertheless, the Defendant neglected to drive normally under the influence of alcohol and neglected to do so, and caused the victim D (the age of 71) who was living on the street, to go beyond the road by taking the above two-wheeled vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebral le, which requires a detailed treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. A traffic accident report;

1. A report on the state of the operation of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. A medical certificate;

1. On-site map;

1. On-site photographs (1), (2)

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports and investigation reports;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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