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(영문) 수원지방법원 안산지원 2013.03.22 2013고단48
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 driving a BF rocketing car owned by the Defendant.

On December 18, 2012, the Defendant driven the said car at around 03:25, and driven the blood alcohol concentration of 0.238%, and proceeded along the two-lanes of the front side of the Furar apartment in the direction of the Authority, in order to make a right-hand turn to the tegroid, while driving the said car at around 03:25,00, toward the direction of viewing from the edge of the Authority, the Defendant proceeded along the two-lanes of the right-hand lane.

However, at the same time, the victim C(51 years of age) is driving ahead of the NFstasi, depending on the one lane on the right-hand lane, and thus, the defendant engaged in the driving of motor vehicles has a duty of care to take care of the front and right-hand side, to accurately manipulate the steering and brakes, thereby preventing accidents.

Nevertheless, the defendant neglected this and got the victim's taxi in front of the left side of the passenger car of the other defendant, and caused the victim's taxi to shock the utility pole installed on the front side of the taxi.

As such, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby incurring injury to the victim C, such as salt, tension, etc. in need of treatment for about three weeks due to the negligence in the above duties, and suffered injury to the victim E (the victim 24 years old), who is the passenger of the damaged vehicle, for about three weeks, such as salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. E statements;

1. Reports on traffic accidents (1), reports on occurrence of traffic accidents, and reports on detection of drivers;

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

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the applicable law.

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