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(영문) 창원지방법원 마산지원 2013.06.04 2013고단70
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the B-W-W-W-W-W-W-W-W-C.

1. On November 20, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said truck on the two-lane one way of the two-lanes in front of the life bridge located in the Gurwon-gun, Gyeongwon-gun, Gyeongnam-gun, Gurwon-gun, and continued to drive the said truck to the lurg from the front apartment side.

Since it was difficult at night to view the accident at night, there was a duty of care to prevent the accident by thoroughly manipulating the steering gear and operating the steering gear in a safe manner.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and was negligent in not finding out that the DFD car driven by the victim C (the age of 35) was stopped due to the signals at the front side of the Defendant’s driving lane, which was driven by the victim C (the age of 35) in the front side of the above truck, and was led to the part on the back-hand part of the above DF car.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as the pipe and tension in the part of a wooden part that requires approximately two weeks of medical treatment, and the victim E (36 years of age), F (2 years of age), and G (4 years of age) who was accompanied by each injury to the victim E (36 years of age), f (2 years of age), in need of medical treatment for each two weeks of age.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of about 00 0.165% from the section of approximately 300 meters to the front road of the inorganic bridge located in the Handolnam-gun, Manwon-gun, Manwon-gun, Mannam-gun, the time and time limit specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A report on detection of a drinking driver and the control of drinking driving;

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