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(영문) 수원지방법원 안산지원 2013.12.10 2013고단2382
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

On February 1, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 1, 2008, and a fine of KRW 2 million for the same crime at the same court on September 26, 2008.

On October 3, 2013, at around 00:05, the Defendant driven a Cpoar car with a blood alcohol concentration of 0.117%, and led to the Defendant’s driving of the Cpoar car at the direction from the direction of the rooftop Park to the mountain.

At the time, since it is an intersection where a signal is installed at night and at that time, there was a duty of care to safely drive a driver who is engaged in driving a motor vehicle by accurately manipulating the front door and the left door and the left door and the left door and the steering system.

Nevertheless, the Defendant, while driving a vehicle in the situation where normal driving is difficult due to the influence of alcohol such as abnormal walking, etc., was driven by the victim D(30 years old) who was in the atmosphere of traffic at the intersection, and received the front part of the ERason car as the front part of the said ERason car.

Ultimately, the Defendant, by negligence in the above business, sustained injury to D such as salt, tensions, etc. of a shoulder pipe that requires treatment for about two weeks, and injury to the victim F (24 years old) who was boarding the said Lata car, such as dynasium and tensions, which require treatment for about two weeks, and suffered injury to the victim G (27 years old) such as distribution and sykes, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Statement of the circumstances of a drinking driver, report on detection of a drinking driver, etc.;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 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. Commercial concurrence;

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