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(영문) 수원지방법원 평택지원 2013.09.27 2013고단985
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

The Defendant is a person who is engaged in the duty of driving B Poter II freezings.

On July 25, 2013, at around 21:40, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.238% 0.238%, and the three-lane in front of the dynamics of Pyeongtaek-si geographical control was driven by two-lanes among the three-lanes in flow, from the flat-si bank to the ebane bank.

A person engaged in driving service of motor vehicles has a duty of care to prevent accidents in advance by accurately manipulating the traffic situation, steering system, etc.

Nevertheless, the defendant neglected this and did not find any DNA-learning car that was driven by the victim C (the 48-year old) who was waiting in the signal at the front direction of the defendant's driving due to the occupational negligence while it is difficult for the defendant to drive normally due to influence of drinking, and did not get back the driver's driving car due to the front part of the vehicle driven by the defendant, which was driven by the defendant, and the victim E (the 53-year old) got back of the F A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant suffered from the injury of the victim C, the victim G (the 47 years old, the flive passenger car) and the victim E, the victim H (the 44 years old, the flive passenger car) due to the above occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and E;

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

1. Each written diagnosis;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;

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