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(영문) 수원지방법원 안산지원 2013.04.26 2013고단350
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to imprisonment with prison labor for a crime of fraud at a female branch of the Suwon District Court on November 9, 2009 and completed the execution of the sentence on July 6, 2010.

【Criminal Facts】

The defendant is a person who is engaged in driving of BM7 motor vehicles.

1. On December 23, 2012, the Defendant driven the said vehicle while under the influence of alcohol 01:40% of the blood alcohol content, and driven the said vehicle at a speed of about 40 km per hour from the face of a bank box to the speed of about 50 km in the front of the 549 treatment3 apartment at the time of show.

Since the location has a crosswalk where signal, etc. is installed on the front side, in such a case, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal by reducing speed and checking well the front side of the vehicle driver.

Nevertheless, the Defendant is under the influence of alcohol so that it is difficult for him to drive normally.

By negligence in violation of the signal, the victim C (53 years old) who crosses the front-way crosswalk of the direction direction by pedestrian signals was not found, and the front-way bridge of the defendant was received as part of the front-hand part of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the left-hand laverization of laver which requires approximately 12 weeks of treatment due to the above occupational negligence.

2. The Defendant driven the said vehicle at a section of about 8 km from the road 5km in front of the Southern East-si Station in the condition of being drunk with a blood alcohol content of 0.124% at the time and place indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Previous convictions in judgment: Criminal records and investigation reports (the date of release of a suspect and other confirmation reports) shall be applied to statutes.

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