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(영문) 수원지방법원 성남지원 2012.12.13 2012고단226
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 12, 2012, at around 02:30, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) by driving a Bpp motor vehicle with a blood alcohol concentration of 0.119% and making it left to the left at the seat of the Olympic Park at the seat of a 149-road traveling in Songpa-gu, Seoul. At that time, the new wall is that the place is a non-protective left-hand turn, and the Defendant is installed at the front side of the direction where the Defendant is driving. In such a case, the person engaged in driving service was at the speed reduced, the front side and the left side are well considered, and the crosswalk is well considered, despite the duty of care to check and proceed safely, the Defendant’s negligence of driving the vehicle while driving in the direction of the Defendant’s driving, despite the fact that there was a duty to care to check whether there was a person standing the crosswalk, caused the traffic accident to the left side of the victim C (the south 56 years old).

The Defendant, while driving with the duty of care as above, was in violation of the duty of care and sustained injury, such as melting the left-hand flag, which requires about 10 weeks medical treatment, to the victim C.

2. Around 02:30 on January 12, 2012, the Defendant driving a vehicle with approximately 100 meters in the vicinity of the place where the Seoul Songpa-gu 149 gamballing 149 gamball, while under the influence of alcohol concentration of 0.119% on blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (1) of the Criminal Act (the occupation and injury caused by occupational negligence, the choice of imprisonment without prison labor), Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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