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(영문) 수원지방법원 안산지원 2013.10.29 2013고단2143

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On July 27, 2013, the Defendant is a person who is engaged in driving of B rocketing-III passenger vehicles. On July 22, 2013, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.27% and driven the road in the 759-10% East-gu, Ansan-gu, Ansan-si at the time of Ansan-si at the time of Ansan-si along the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the two-lane.

At the time, it is night, and vehicle traffic is frequent, so in such cases, there was a duty of care to prevent accidents by accurately manipulating the steering room and the right and the right and the right and the right of the driver and accurately manipulating the steering gear.

Nevertheless, the defendant neglected this and changed the vehicle line into two lanes, and caused the part of the victim C(38 years old) driving, which was parked in two lanes of the same direction, to the right part of the back-hand part of the vehicle, the driver's front-hand part of the driver's vehicle, and due to the shock, the vehicle in the above column was pushed down in the future, and the part of the back-hand part of the E-owned F cargo vehicle in the front, which was parked in the front.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim C, such as culatory salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A medical certificate;

1. The actual condition survey report, the traffic accident occurrence report, and the circumstantial report of the drinking driver;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act