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(영문) 수원지방법원 안산지원 2013.07.19 2013고단1208
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

The defendant is a person who is engaged in driving a MF5 vehicle volume.

On April 28, 2013, around 00:35, the Defendant driven BM5 car under the influence of 0.139% alcohol concentration in blood, while driving 2039-1 of the Nos. 2039-1, the Defendant continued to drive the BM5 car at the speed of 21 km from the surface of the rooftop elementary school.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by safely manipulating the brake system while keeping the front door well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the operation system under the influence of alcohol and caused the victim C (Nam, 37 years old) who was crossing the road from the right side of the said vehicle to go beyond the front part of the vehicle.

After all, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the complete wave of the right sprinkr, which requires about 10 weeks medical treatment to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. The actual survey report, photographs, and report on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration to the fact that the automobile comprehensive insurance is subscribed for and against it);

1. Probation, community service order, or order to attend a lecture, under Article 62-2 of the Criminal Act (Consideration of the result of the injury of a victim, and the failure of agreement, etc.);

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