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(영문) 수원지방법원 성남지원 2014.04.10 2014고단61
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

Criminal facts

1. On November 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of 0.130% of blood alcohol concentration around 07:20%, and led the end-of-life distance of the Defendant, which is in the way of the separation of the city in Sungnam-si, by driving Cone Starex car with the blood alcohol concentration of 0.130%, by turning the end-of-life distance from the inside of the s

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly driving the motor vehicle in front and safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive normally due to influence of drinking, caused by the negligence at the center line, leading up to the bypass, and brought up the front part of the victim D(the age of 51) driving, which stopped for signalling at one lane of the adjacent road, with the top part of the above van.

As a result, the Defendant suffered from the injury of salt, tensions, etc. of the Gyeong, which requires treatment for about two weeks, and the victim F, who is the passenger of the said car, suffered from the injury of the victim such as salt, tensions, etc., which requires treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said maid vehicle under the influence of alcohol by 0.130% in a section of approximately 7.9km from the road located at 73-1 m in gold-ro, Jung-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, to the end-end road in Sungnam-si, Samnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in the corresponding law, and the provision of Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act.

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