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(영문) 창원지방법원 2013.07.23 2013고단759
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

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

On February 22, 2013, at around 20:30, the Defendant driven the above cargo without purchasing the liability insurance at a state of drinking alcohol concentration of 0.132%, and led the two-lanes of the two-lanes in front of the Jinju Oil Station in the Jinhae-gu, Jinhae-gu, Changwon-si, Changwon-si, the Defendant proceeded at a speed of about 50 kilometers in front of the Jinju-dong, with the drinking-dong room.

At the time, there was a signal apparatus at night and at the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to confirm the safety of the course and drive the motor vehicle by checking well the right and the right in a clear mind.

Nevertheless, the Defendant neglected to drive the vehicle at the front of the Defendant’s vehicle at the same time as the driver’s negligence of driving the vehicle while driving the vehicle normally due to drinking, caused the victim’s G(24 years old), while driving the vehicle at the front of the Defendant at the same time, by driving DK5 vehicle of the victim C(30 years old), and caused the above K5 vehicle to be driven by the front offender of the said cargo, and due to its shock, the said K5 vehicle to be pushed up in the front offender and stopped at the front driver’s vehicle at the E(43 years old), and caused the damage to the victim’s G(W, 24 years old), while driving the vehicle at the above C and the above 5 vehicles at the front, and caused the damage to the victim’s H(5 years old), the victim’s H(5 years old), 42 years old, 5 years old, and 5 years old, 37 years old, 76 years old, and 5 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E and J;

1. A report on detection of, and investigation into, a driver (the circumstances of a driver involved in a traffic accident);

1. Registers of driver's licenses and mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Each relevant Article of the Act concerning criminal facts;

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