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(영문) 수원지방법원 평택지원 2013.10.30 2013고단1015

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. On July 8, 2013, at around 18:35, the Defendant driven a Category B car with a blood alcohol content of at least 0.132% under the influence of alcohol from approximately 200 meters to the front road of the Korean husband and wife located in Pyeongtaek-si-dong, in the vicinity of the Korean Power Station located in Pyeongtaek-si-dong to Pyeongtaek-si-dong.

2. 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 motor vehicle of the said New Franchise XG

On July 8, 2013, the Defendant driven the said car under the influence of alcohol of 0.132% on blood alcohol level on July 18, 2013, and led to a two-lane road in front of the members of the married couple, who are in the non-driving zone of Pyeongtaek-si, to proceed at a speed of about 30km per hour from the viewing side to the viewing side of the police station.

At the time, it was difficult to secure the vision at the time, so there was a duty of care to check the safety of the course by checking well the prior left by a person engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant used a Madsan as well as a Madsan on the left-hand side, and received the right-hand side of the victim C(Y, 52 years old) and D(Y, 24 years old) who illegally crossed the road from the left-hand side.

As a result, the Defendant suffered from the injury of the above C, such as the right-free kne-free kne-free kne-free kne-free knives, etc., in a situation where normal driving is difficult due to the influence of drinking, and the injury to the said D, such as light dump, which requires approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV images controlling the parking and stopping of vehicles;

1. Specific crimes provided for in the relevant Act regarding criminal facts.