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(영문) 수원지방법원 2013.06.19 2013고단1387
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in the business of operating a b b b sprinkbbrop-sized cargo vehicles.

On March 23, 2013, at around 17:25, the Defendant driven the said car and proceeded two lanes in front of the White White Doctrine, which is located at the lower Doctrine of the Dobong-gu, in the event of the Gyeonggi-do economy, along with two lanes in front of the White Doctrine which is located at the lower Doctrine of the enclosed-gu.

In such cases, a person engaged in driving service has a duty of care to maintain safety distance with the preceding vehicle and drive safely.

Nevertheless, the Defendant neglected this and found the victim C(29 years old) driver car, which was conducted in the front bed area due to negligence while neglecting the duty at the front bed area under the influence of alcohol, late later, and received the front side of the above cargo vehicle as the front side of the above cargo vehicle.

As a result, the defendant suffered from the 3 weeks of age, the victim E (the 30 years of age, the 58 years of age, the 58 years of age), the victim F (the 58 years of age), and the victim G (the 51 years of age), respectively, about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the defendant under Article 62(1) of the Criminal Code of the suspended sentence had the record of punishment for driving 3 times under the influence of alcohol again, it is not good that the crime was committed by drinking again and the accident was committed, but it was not discovered due to the confession, reflectivity, and drinking after 208, and the victim was the victim.

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