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(영문) 수원지방법원 평택지원 2013.04.12 2013고단195
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B spectrum.

On January 24, 2013, at around 03:35, the Defendant proceeded with the four-lane road in front of the Mademing Hospital, which is under the influence of alcohol of 0.148%, according to the 0.148% of blood alcohol concentration.

A person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol, and has a duty of care to safely drive the motor vehicle by checking well the left.

Nevertheless, the Defendant was negligent in driving a motor vehicle while under the influence of alcohol and received the back portion of the cargo vehicle D, which is driven by the victim C(the age of 42) who is under the influence of the motor vehicle in front of the motor vehicle of the Defendant.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, which requires a medical treatment for about two weeks.

2. On January 24, 2013, at around 03:35, the Defendant operated a car with blood alcohol content of about 0.148% in the section of about 1 Km from the front day of the Jung-si joint-dong of Pyeongtaek-si to the front day of the Jung-si joint-dong of Pyeongtaek-si.

3. The Defendant damaged public objects at the time and place specified in paragraph (1) and caused damage to things used by public offices so that the repair cost would be equivalent to KRW 86,900 by walking the front door of the patrol vehicle from the police officer on board the patrol vehicle after receiving a report from the police officer on the same traffic accident as stated in paragraph (1).

4. On January 24, 2013, the Defendant, at the time and place specified in paragraph (1), was arrested of a police officer on an act of committing a crime after having received a report of traffic accident as stated in paragraph (1) at the same time and place as stated in paragraph (1), and carried out the arrest of a police officer on the said act of committing a crime, and belongs to the Pyeongtaek-si Police Station E

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