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(영문) 수원지방법원 안산지원 2013.05.24 2013고단669
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 December 29, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) driving B Cost Sheet under the influence of alcohol level of 0.169% on blood alcohol level around December 21, 2012 and driving ahead of the new-road, underground-road, which is located in the new road of the members of Ansan-si, Ansan-si, a new road in front of the new road in the flow of the members of Ansan-si, and driving at a speed of about 30 to 40km in speed in the direction of the mountain direction

In order to enter the underground lane, the two lanes have changed to the two lanes.

When a person engaged in driving a motor vehicle intends to change course, he/she has a duty of care to change his/her course safely without impeding other vehicles' normal traffic, but the defendant neglected to drive the said van while under the influence of alcohol and has changed his/her course closely without accurately examining the right and the right of the breath of the victim C (33 years old) who is proceeding on the two-lane, the back part of the right side of the dyst of the dyst of the dyst of the driver's vehicle, was shocked by the defendant's left side.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and caused injury to the victim, such as acute obsesses, tensions, etc. which require treatment for about two weeks, at the same time, damaged the damaged vehicle in a situation where the repair cost is equivalent to KRW 822,752.

2. If the driver of any motor vehicle causes death or injury of another person or damages things of another person due to traffic flow, such as driving of a motor vehicle that violates the Road Traffic Act, the driver of any motor vehicle shall stop and take necessary measures, such as aiding the injured;

Nevertheless, the Defendant, at the time and place of Paragraph 1, escaped without any measure despite the occurrence of a traffic accident as above.

3. The defendant is in violation of the Road Traffic Act. The training institute which is located in the members of Ansan-si, a member of Ansan-si in the vicinity of the Sinsan-si, a temporary border of paragraph (1) through a place of accident.

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