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(영문) 대구지방법원 2018.11.14 2018고단3753
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 a vehicle with C low Pest another car.

On July 18, 2018, the Defendant classified the alcohol concentration of 0.203% from blood transfusions on July 18, 2018, and proceeded with the middle school distance in front of the middle school distance of the safe middle school in Daegu-gu, Daegu-gu, where it is difficult for the Defendant to drive the said vehicle normally, such as the walking 0.203% from the 0.203% from the blood alcohol level, and the walking side of the side of the inside.

In order to prevent accidents, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and operating the steering gear by accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant’s negligence that did not operate the brake system properly and did so so to turn to the left at the front of the driving direction, and the “two weeks” in the indictment for about one week to the victim D is a clerical error. Since the correction of such clerical error is not likely to seriously disadvantage the Defendant’s exercise of his/her right of defense, the Defendant shall correct it without going through the modification of the indictment procedure.

In light of the fact that there is no concern that the correction of a clerical error would seriously disadvantage the defendant's exercise of his/her right of defense, it is clear that the victim F (F) who was on board the above cargo vehicle would suffer from the injury, such as clocks, which requires approximately two weeks of treatment. The "G" in the victim G bill of indictment on the same cargo vehicle is a clerical error. Since the correction of a clerical error is not likely to substantially disadvantage the defendant's exercise of his/her right of defense, it is corrected without going through the amendment of indictment.

(32) approximately 32 weeks of the bill of indictment is clear that the "two weeks" in the bill of indictment is a clerical error, and there is no risk that such correction would result in a substantial disadvantage to the defendant's exercise of his right of defense.

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