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(영문) 수원지방법원 여주지원 2014.11.07 2013고단1135
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 25, 2007, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 25, 2007, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on July 26, 2013, respectively.

1. The defendant is a person who is engaged in the driver's service of freight vehicles B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On August 10, 2013, the Defendant driven the above vehicle while under the influence of alcohol on August 15:30, 2013, and 0.218% of blood alcohol concentration, and driven the road, at the same end, on the right parallel from the red scarcity to the upper direction.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side and right side well and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and tried to see the rear part of the victim C(39 years old) driving D C&T 100 motorcycle, which was driven by negligence without examining the front side, in front of the above cargo vehicle.

As above, the Defendant driven a motor vehicle while driving it is difficult to drive the motor vehicle normally due to influence of drinking, and suffered injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a temporary driving license as stated in paragraph (1) of this Article, driving the said cargo at a distance of about 5km from the front day of the Gyeonggi-do in the same city of Hongmundong to the front day of the world in the influence of alcohol concentration of 0.218%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. 1. Report on Protruding Drivers, and Report on Protruding Drivers;

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