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(영문) 수원지방법원 안산지원 2013.07.18 2013고단1144
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 freight B and B.

On March 25, 2013, at around 22:40, the Defendant driven the above cargo while under the influence of alcohol of 0.118%, and led the Defendant to proceed to Incheon from the inside side near the 16.2km of the 2nd Highway, which is located in the Sinung-dong at Sinung-dong.

A person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the night at the time, the motor vehicle was driven by the victim C (the victim 43 years old) due to the body at the right time and at the right time, and there was a duty of care to safely drive the motor vehicle, such as making a well look at the right and right of the front and right, operating the steering and steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so and received the back part of the right side of the above cargo vehicle in front of the left side of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, on-site map, photograph, the report on the actual state of the driver concerned, output paper, etc., medical certificate and the report on detection of the driver concerned;

1. Application of Acts and subordinate statutes to review materials about foreign crimes and investigation records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the nature of each of the instant crimes under Article 62(1) of the Criminal Act, there are circumstances unfavorable to the Defendant, such as the nature of the crime and the fact that the crime is heavy, but there is no criminal conviction against the Defendant, and at the time of the instant traffic accident.

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