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(영문) 수원지방법원 평택지원 2013.05.02 2013고단296
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 the operation of the Congo Code car.

At around 02:30 on January 18, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.147%, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of a two-lane road in Pyeongtaek-si, Pyeongtaek-si, the front letter of which is located in the direction of a two-lane road from the front letter of the road to the front letter of the road.

A person engaged in driving of a motor vehicle has a duty of care to take into account the front side and left side and to prevent accidents by using the steering devices, steering devices, etc. of the motor vehicle properly.

Nevertheless, the Defendant neglected the front-time week in the situation where it is difficult for the Defendant to drive the car normally due to influence of drinking, and received the central separation zone in front of the car driven by the Defendant due to occupational negligence, which did not properly use the brakes, etc.

Ultimately, the Defendant suffered injury to the victim C (the age of 30) who was on board a car driven by the Defendant due to the above occupational negligence, such as brain salva, etc. requiring approximately six weeks of medical treatment, and injury to the victim D (the age of 29) requiring approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each accident site photograph;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes (a

1. Selection of penalty:

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