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(영문) 수원지방법원 2014.05.28 2013고단5978
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D's car.

1. On April 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car and proceeded with the roads in front of the luminous industrial company in the substitute due to Osan City, toward the direction of the said industrial company from the substitute side.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, have a duty of care to safely drive a motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation well, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and failed to operate the FL car driven by the victim E (the age of 34) who was under the influence of alcohol (0.184% of alcohol concentration in blood alcohol) at the front of the signal, and failed to operate the remaining FL car at the latest, which was found to be late, and thereby received the victim E’s rear part of the LL car.

As a result, the Defendant suffered injury to the victim G (the age of 36) who was on board the said victim E and his car together with the foregoing occupational negligence, such as fluoral salt, for about two weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the Defendant’s D-related car under the influence of alcohol content of about 0.184% at a section of approximately 30-40 meters from the boundary of the registry office located in the substitute of the above temporary border to the front road of the luminous industry company located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Statement of each police statement concerning E and G;

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

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.

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