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(영문) 수원지방법원 평택지원 2014.10.31 2014고단1249
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Maz car;

On July 13, 2014, at around 04:20, the Defendant driven the said car under the influence of alcohol with 0.23% of alcohol level 0.23%, and led the Defendant to drive the said car on the front of the non-exclusive high school located in the non-exclusive taxi in Gyeonggi-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by accurately operating and safely driving steering the steering direction, brake system, etc.

Nevertheless, the Defendant neglected to do so and was driven by C while driving the car at the front section of the car driven by the Defendant due to occupational negligence, as well as the Dleleland 2.0 which was driven by C, which was driven by the Defendant, as the front section of the car of the Defendant.

Ultimately, the Defendant, as seen above, neglected to perform his duty of care in a state where normal driving is difficult due to influence of drinking, and caused the victim E (the aged 29) who was on the Defendant’s car by negligence in the course of business to suffer approximately 10 weeks of medical treatment.

2. On July 13, 2014, at around 04:20, the Defendant driven a B E-business car owned by the Defendant under the influence of alcohol leveling 0.23% from the section of about 2km from the Gyeonggi-si parking lot to the front road of the non-high line high schools located in the same vision-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written appraisal of blood alcohol;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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