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(영문) 수원지방법원 안양지원 2014.03.06 2014고단122
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

1. Around 19:00 on November 24, 2013, the Defendant driven a vehicle B in the section B of about 10km from the 10km away from the road in the Soyang-gu, Soyang-gu, the Suyang-si, the Suyang-si, the Sinpo-si, the main body of which is located in the Sinpo-si, the Sinpo-si, the Sinpo-si, the blood alcohol concentration of which is 0.163%.

2. On November 24, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a cuss car at B Ecoo on November 24, 2013, driving a car at the speed of the Si/Gun/Gu in the speed of the Si/Si/Gun, depending on the two-lanes of the Si/Gunpo-si in the width of the Si/Gunpo-si.

However, since there is an intersection and a signal has been installed, the driver has a duty of care to safely proceed according to the front line.

Nevertheless, as seen above, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking and caused the negligence in violation of the signal, and caused the collision of the victim C(31 years old)'s left left-hand turn from the right side of the Defendant's vehicle with the front part of the Defendant's driver's vehicle.

Ultimately, the Defendant suffered from the victim E (the 30-year-old age-old) who was on the part of the victimized vehicle, such as light fluoral finites, in need of treatment for about four weeks from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. A report on actions against an employer, a report on whether he/she causes death or injury to a dangerous driving, and a report on the state of his/her status;

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

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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

1. Selection of penalty:

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