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(영문) 수원지방법원 성남지원 2013.12.05 2013고단2191

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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. Around 00:00 on July 25, 2013, the Defendant driven B Poter vehicle at a section of about 3 km from the vicinity of the counterpart market located in Seongdong-gu, Sungnam-gu to the other party of Jungwon-dong, Jungwon-dong, Jungwon-dong, from around 00:168% of alcohol content while under the influence of alcohol at 0.168%.

2. Around 00:08 on July 25, 2013, the Defendant violated the Road Traffic Act (after-accidents), when he neglected his duty at the time of front-down, while driving a runway in front of the gold mine station located in the Geumdong-gu, Jungwon-gu to the opposite source market and neglecting his duty at the time of front-rounding, the Defendant got the victim C’s D Motor Vehicle parked at the edge of the road at the time of front-rounding, into the right side of the Defendant’s vehicle, and continued to take the front side of the F Motor Vehicle of the victim E parked at the edge of the road at the edge of the road in front of the front-gu, Jungwon-gu, Jungwon-gu, and the repair cost of the said E’s vehicle is 6,059,522 won, and the repair cost of the said E’s vehicle is 928,400 won and immediately stops and does not take necessary measures such as checking damage.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) caused the victim G and vagabonds to open the Defendant’s driver’s seat and to deduct the keys of the vehicle by moving away from the Defendant’s vehicle while the Defendant escaped in the same accident as the above Paragraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes at around 00:20 on the 519th day, which was stopped by a stop signal

The Defendant did not find out that the victim was in a state where normal driving is difficult due to the influence of drinking at the time, and caused the victim to go beyond the road due to occupational negligence starting from the vehicle and suffered injury, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer with regard to G.