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(영문) 수원지방법원 2014.01.28 2013고단6334
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 engaged in driving a vehicle BM520.

1. Around November 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) followed the two-lane road of the luxung Sne Shill-distance Do, which is in the luxe-dong, by driving the said car at the speed of about 40km from the direction of the Suwon ICT to the Suwon University.

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, and there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good living of traffic situation in the front side and accurately operating the steering and steering devices.

Nevertheless, the Defendant neglected to do so and did not immediately follow the remaining rapidly discovered D being driven by the victim C (I, 39 years of age) who was in the front of the signal while under the influence of alcohol, and was found to have been in the front part of the said SM520 car. Thus, the Defendant was found to have been in the front part of the said SM520 car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driving a car from the NA520m section around 12 km away from the agricultural cooperative located in the Hasan-si substitute in Osan-si to the above lusular distance while under the influence of alcohol concentration of 0.128% in the above temporary light.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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