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(영문) 수원지방법원 여주지원 2013.08.12 2013고단425
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Crocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 25, 2013, at around 23:15, the Defendant driven the said vehicle while normal driving is difficult due to the influence of alcohol that reaches 0.138% of blood alcohol level, and led the Defendant to drive the said vehicle at a speed of 40 km per hour between the two lanes in the direction of the south from the head of the Gu, on the south of the Gyeonggi-gu.

At the same time, persons engaged in driving of vehicles at night shall accurately operate the steering direction and brake system of the vehicle, and have the duty of care to prevent accidents by safely driving according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, due to the negligence of being negligent in driving, the Defendant: (a) discovered the victim D(38 years of age)’s Dama vehicle, which was stopped for the signal atmosphere as above, late later; and (b) shocked the part of the front part of the Dama vehicle with the front part of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as brain salvina, which requires treatment for about two weeks by negligence in the course of business as above.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol in the above section of about 8 km from the cross-disception point in the territory of the head of Dong-gu, Leecheon-si to the front day of the Jmo-gu, Jmo-si, Gaon-si, Gaon-si, Namju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Traffic accident report (1.2) - including accident photographs;

1. A report on the occurrence of a traffic accident - including intensity;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to a field investigation table for dangerous driving death;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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