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(영문) 수원지방법원 성남지원 2013.06.10 2013고단755
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

1. On March 30, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act (LA) (LA) caused the Defendant to turn to the left at a speed of about 30 km from the dynamic side of the Eastern Industries, which is in front of the Eastern Industries in Gwangju City, while under the influence of alcohol concentration of 0.247%.

At this point, since there is no signal signal, a person engaged in the driving of a motor vehicle has a duty of care to safely operate the steering and brakes by accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive under the influence of alcohol while it is difficult for the Defendant to drive under the influence of alcohol and failed to turn to the left at the left, thereby proceeding the above intersection from the right edge of the victim C(Iee., 52 years old) driving, which led to the reverse direction, and received the top part of the left-hand part of the said B rocketing vehicle from the right edge of the said vehicle.

The Defendant, by the above occupational negligence, sustained injury to the victim C, such as cage cages, tensions, etc., which require approximately two weeks of medical treatment, and injury to the victim E (Nam, 58 years of age), who was on board the said D Launa vehicle, such as cages, tensions, etc., for about two weeks of medical treatment.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said B rocketing vehicle not covered by mandatory insurance at the date and place under the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, guarantee of automobile accident compensation.

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