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(영문) 수원지방법원 평택지원 2013.03.28 2013고단13
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 driving of a cargo vehicle B with a ton of 1 ton.

1. On December 16, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol level of 0.136% on blood alcohol level on December 16, 2012, and led the above cargo vehicle to the high-water view of the road 9-2 prior to the ethic gradic ethic ethic g

Since the place is a road where a central line is installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right side of the motor vehicle, to accurately manipulate the brakes and steering gear, and to proceed along the moving direction.

Nevertheless, the defendant is under the influence of alcohol and continues to proceed with it without being negligent.

The front part of the victim C's Dbe-crated car, which took place in the opposite side of the vehicle run by the defendant's vehicle due to the occupational negligence of the central line, was entirely received from the defendant's vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim C, such as brain-dead sugar, which requires a medical treatment for about three weeks, injury to the victim E who was on board the said bed with the said bed for about two weeks, injury to the relevant bedalty, which requires a medical treatment for about two weeks to the victim F, and injury to the bedalty base requiring a medical treatment for about two weeks to the victim G.

2. The Defendant violated the Road Traffic Act (driving) driven a 1 ton truck from the road front of the Hesung Jae-gu's territorial history distance, which was under the influence of 0.136% of the blood alcohol level at the time and time set forth in the above 1.1., to the road in front of the Sinsan-si, Annsung-si, Ann-si, Ann-si, B, to the road in front of the 9-2 km-si, Ansan-si

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the report on occurrence of traffic accidents;

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