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(영문) 수원지방법원 성남지원 2013.03.07 2013고단107

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car car.

1. Around September 21, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car under the influence of alcohol concentration of 0.179% by blood alcohol level, and driven the road bended in front of BluterCC in the direction of the direction of the two-lane in the flusium in Gwangju-si, Gwangju-si.

At the time, it was night and non-slured, and in such cases, no person engaged in driving of a motor vehicle shall drive a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and he/she has a duty to pay attention to prevent accidents in advance by reporting the traffic situation on the front side well and safely.

Nevertheless, while the defendant neglected to do so, the victim C(42 years old) driver's Dbe-cracked car in the opposite direction conflict with the defendant's vehicle as the front part of the driver's vehicle and followed it in the same direction after the collision. The victim E(32 years old) driver's front part of the driver's vehicle in the same direction, which was followed in the same direction, conflict with the other part of the driver's vehicle in the front part of the victim's E(32 years old) driver's vehicle.

Ultimately, the Defendant suffered injury to the victim C, including approximately 12 weeks of occupational negligence, on the right side of the 12 weeks, and on the other hand, on the part of the victim E, two weeks of medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driving a car for the car under the influence of alcohol with approximately 3.5 km from 512-20 to 0.179% of blood alcohol concentration in the same Eup/Myeon from 512-20 to 3.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Each written diagnosis;

1. Acts and subordinate statutes shall include a survey report on actual condition, a report on detection of a driver, and a report on whether to drive any danger;