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(영문) 수원지방법원 평택지원 2013.09.12 2013고단879
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-Wood vehicle.

On May 19, 2013, the Defendant driven the said car under the influence of 0.161% of blood alcohol concentration without a driver’s license on May 12, 2013, along with a two-lane road in front of the “Flurlurri Gas station” located in the original city, the Defendant driven the two-lane road from the port side of the port side along with the literacyIC.

At the same time, there are three-distances where signal lights are installed on the front side, and at the same time, the victim C was prior to the automobile driven by the victim C in two-lanes in the same direction, so if a person engaged in driving service intends to make a right-hand, he/she had a duty of care to make a right-hand by safely entering the two-lanes.

Nevertheless, the Defendant neglected the alcohol and was negligent in bypassing at a second-lane from a second-lane, and received the back wheels part of the victim's vehicle, which was proceeding earlier from the second-lane, into the front right side of the vehicle of the Defendant.

As a result, the Defendant caused the injury to the victim C, such as catum salt, which requires a two-day medical treatment due to the influence of alcohol, due to the above occupational negligence, and suffered injury to the victim E, which requires a two-day medical treatment, such as brain satis, etc., and at the same time, damaged the victim C’s car so that the repair cost would be equivalent to KRW 470,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of F and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on investigation;

1. A report on whether to drive any dangerous motor vehicle;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Each comparison with the enemy;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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