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(영문) 수원지방법원 2013.09.11 2013고단2267
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On August 20, 2010, the Defendant issued a summary order of KRW 2 million by the Suwon District Court due to a crime of violation of the Road Traffic Act (driving) and a fine of KRW 7, 200,000 by the same court on December 7, 2012.

The defendant is a person who is engaged in driving Obaba in C.

On April 11, 2013, the Defendant, without a motorcycle driver's license on April 11, 2013, driven the above Oralb while under the influence of 0.140% of the blood alcohol concentration of 0.140%, and made a left turn to the left right at about 10km in the direction of Osan City, Osan-si.

Since there is an intersection where traffic control is not performed, there was a duty of care to check whether a person engaged in driving service temporarily stops and is driving the intersection in good manner and to safely drive the vehicle.

Nevertheless, the Defendant was negligent in driving under the influence of drinking, such as a red, smelling, and inaccurate drinking, while driving in a state where normal driving is difficult due to the influence of drinking, and was under way in the direction of an Obane in the direction of an Obane. The Defendant received the driver prior to the driver’s seat of the E-learning Vehicle driving car in the direction of an Obane (21 years old).

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Each employer-employed driver report, and the report on the actual status of the employer-employed driver;

1. A written appraisal of blood alcohol;

1. A medical certificate;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry statements, investigation reports (former records and attachment of judgment), and statutes, such as criminal records;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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