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(영문) 수원지방법원 안산지원 2013.04.09 2011고단1266

특정범죄가중처벌등에관한법률위반(위험운전치사상) 등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person driving B Skn's car as his duties.

On February 27, 2011, at around 20:40, the Defendant driven the said car with the influence of alcohol that reaches the blood alcohol concentration of 0.137%, and driven, from the center of the king-do, the direction of the king-si, 1210 Sinri-si, Sinri-si, the Defendant driven the said car on the direction of Sinri-si.

At the time, the passage of the view was the night, and there was a cross-section where signal lights are installed. In such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the defendant neglected his/her influence of drinking and neglected to change the vehicle driving signal to a stop signal, and due to negligence, he/she caused the victim C (33 years of age) who proceeded to the port from the right side of the direction of the defendant's proceeding to the left side, was driven by the front part of the amount of DSS5 car driven by the defendant.

As a result, the Defendant suffered around four weeks of medical treatment due to occupational negligence as above, such as background and fluoral fluoral fluor.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of each traffic accident;

1. Reports (1), (2) on traffic accidents;

1. Investigation reports, circumstantial reports on home-employed drivers, and reports on detection of home-employed drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the Criminal Crimes (amended by Act No. 10790, Jun. 8, 201) and Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) (the