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(영문) 창원지방법원 밀양지원 2014.11.06 2014고단282
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person who drives a Bchip low-pollution motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 25, 2014, at around 18:45, the Defendant driven the above vehicle while under the influence of alcohol of 0.220% 0.20% and driven the two-lane road in front of the cross-city bus terminal in the fast-distance movement, from the cross-city bus terminal to the Yong-Nam Hospital, the Defendant driven the two-lane road in front of the cross-city bus terminal at the speed of about 30km.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as not driving the motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, and reporting the traffic situation well, and accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(the age of 44) who was in the atmosphere of the signal at the front of the passenger vehicle due to negligence while neglecting this, and received the rear part of the passenger vehicle that the Defendant drives.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim C and the victim D (V, 43 years old), each of which requires approximately two weeks medical treatment.

2. Around 18:45 on May 25, 2014, the Defendant was under the influence of alcohol by 0.220% in a section of approximately 800 meters of alcohol content from the Defendant’s residential area E, to the bus terminal in the fast-to-door mobile city to the road in front of the bus terminal.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident occurrence report, a actual condition investigation report, and a medical certificate;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of each statute on photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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