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(영문) 수원지방법원 안산지원 2013.06.12 2013고단735
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around March 23:30, 2013, the Defendant driving a vehicle B with the blood alcohol concentration of about 1.5km from the section of approximately 1.321% to the front road of the rooftop road located in the same Dong on the same day from the beginning of the raw source located in the roof-dong in light of light-si to 3:45 on the same day on March 8, 2013.

2. On March 8, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said cargo vehicle at a speed of about 50 km from the direction of the two streets from the direction of the two streets, while under the influence of alcohol concentration of 0.321% in blood at the direction of the Maok-dong in light of light.

On the three-lanes, the victim C(36 years old) driving was stopped, and the defendant was side of the victim's car, so in such a case, the driver of the vehicle has a duty of care to thoroughly manipulate the steering gear and operate the steering gear properly.

Nevertheless, as the Defendant neglected this and operated a mobile phone while driving the vehicle, it is obvious that he would be faced with the victim's vehicle while driving the vehicle, and the steering gear was immediately cut into the left side of the victim's vehicle, and the left part of the driver's left side of the vehicle in the stop was received as the back part of the suspect's vehicle's right side.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light fluoral salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a master driver and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, where the punishment is

1. Aggravation for concurrent crimes;

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