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(영문) 수원지방법원 평택지원 2013.05.15 2012고합263

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 13:45 on June 30, 2012, the Defendant operated CM5 automobiles in the section of approximately 1 kilometer from the 1 kilometer to the national highways No. 38 of the 38th Emp. Ansan oil station adjacent to the Ansan-si Do-Eup in Ansan-si, while under the influence of alcohol with a blood alcohol concentration of 0.209%.

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 CM5 car;

At the same time as mentioned in the preceding paragraph, the Defendant, while under the influence of alcohol, proceeded with the two-lane road of the National Highway No. 38 in Ansan-si, Annsung-si, Annsung-si, according to the one-lane road, which is adjacent to the Annsung-si, Annsung-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while driving a vehicle in a situation where normal driving is difficult due to influence of alcohol due to the negligence, found the e-car of the victim D (the age of 61) who was waiting for the signal at one-lane in the same room due to the failure to stop, and caused the victim D and the victim F (the age of 49), and the victim G (the age of 25) to suffer from the e-mail that requires the victim D to take a medical treatment for about three weeks, by shocking the e-car of the said SM5 vehicle's front-hand part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident actual condition survey report, traffic accident scene map, accident site map, site map, and vehicle photograph;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Act.