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(영문) 수원지방법원 성남지원 2013.08.22 2013고단1374
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 May 28, 2013, at around 08:20, the Defendant driven the B-wing vehicle with a blood alcohol concentration of 0.240% and with the difficulty of normal driving due to influence of alcohol, and led to the driving of three lanes in front of the restaurant of the restaurant of the Sinpo-ri 709-1, Sinpo-si, Sinpo-si, Gwangju, to the speed of about 20km from the side of Gwangju, depending on one lane.

On the front of that place, there was a vehicle driving ahead of the above sealed vehicle, so in such a case, there was a duty of care to safely drive the person engaged in the driving duty while accurately operating the brake and steering gear.

Nevertheless, under the foregoing, the Defendant, while under the influence of alcohol, was negligent in performing the above duty of care, and the victim CMF5 vehicle driven ahead of the vehicle was faced with the back part of the above wing and the front part of the vehicle.

As a result, the Defendant caused the injury to the victim C by such occupational negligence in need of approximately three weeks of treatment, and suffered two parts of the injury to the victim E, who was on board the above SM5 vehicles, requiring approximately three weeks of treatment, such as the sM5-hour base, and the two parts of the two sides requiring approximately one week of treatment to the victim E, who was on board the above SM5 vehicle, and the victim G, who was on board the above SM5 vehicle, requiring approximately one week of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. The circumstantial report on the driver and the report on whether he/she is a dangerous driver;

1. A report on detection of a host driver;

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

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, etc., under the corresponding provisions of the Act on the Criminal Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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