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(영문) 수원지방법원 2013.09.25 2013고단2558
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to a suspended sentence of two years on August 23, 2013 by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Pyeongtaek site, and the said judgment became final and conclusive on May 31, 2013.

In addition, on April 8, 2011, the Defendant issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court's Eunpyeong Site, etc., and on September 11, 2009, the Defendant issued a summary order of KRW 1 million from the Suwon District Court to a violation of the Road Traffic Act (driving).

The defendant is a person who is engaged in driving a mixed vehicle in D.

On February 19, 2013, around 19:35, the Defendant continued three lanes prior to Suwon-si, Suwon-si, Suwon-si, 918, in the area of the Gu town distance room, and changed the course from the two lanes to the three lanes.

At the time, a truck is proceeding in accordance with three lanes, so in such a case, a person engaged in the driving duty has a duty of care to prevent accidents by properly examining the right and the right before and after changing the course.

Nevertheless, the Defendant neglected this and thereby was negligent in driving a motor vehicle while normal driving is difficult due to the influence of alcohol 0.182% of blood alcohol concentration, and the part of the F Poter Cargo Loading that the victim E (year 51) was driving along a three-lane course from the two-lane to the three-lane course, and was driven by the victim E (year 51).

Ultimately, the Defendant, through such occupational negligence, did not immediately stop the victim’s vehicle and take necessary measures, even though the victim G (the 48 years of age), who was on board the victim’s vehicle, suffered bodily injury, such as catitis, which requires approximately two-day medical treatment, and at the same time, damaged the victim’s vehicle to have an amount equivalent to KRW 295,436.

Summary of Evidence

1. Part of the defendant;

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