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(영문) 수원지방법원 안산지원 2013.05.10 2013고단635
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 of the final judgment.

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 as a shower

On January 29, 2013, the Defendant driven the said car under the influence of alcohol of 0.128% in blood alcohol concentration around 20:00, while driving the said car, and driven the front road of 659-2 of the member Sungdong-dong in Ansan-si in Gyeonggi-si at the speed of about 50km in speed from the side of the Silsan Industrial Complex to the Sinsan Industrial Complex.

At the time, there is an intersection where signal lights are installed at night, and in such a case, there was a duty of care to reduce the speed to the person engaged in driving duty and to prevent the accident by safely driving by safe driving while keeping the front left well.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeds ahead of it by negligence.

The following part of the DST5 car driven by the victim C(57 years old) who stopped according to the new rule is the front part of the car driven by the defendant, and the above SM5 car continued to be sealed in the future and stopped on the front part, the victim E(36 years old) driven by the victim E(36 years old).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C, such as dump salt, which requires two weeks of medical treatment, and suffered injury to the victim E for about two weeks of medical treatment.

2. Around 20:00 on January 29, 2013, the Defendant driven the spawsaw vehicle with a blood alcohol concentration of about 2 km from the front Do in the Soh Park Sin-dong in Gyeonggi City to the place specified in paragraph (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. A traffic accident report (1)(2) and a report on the state of the driving of a motor vehicle at home;

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