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(영문) 수원지방법원 안산지원 2012.11.23 2012고합497
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a CL car.

On August 15, 2012, the Defendant driven the said car at a speed of 0.208% with blood alcohol concentration around 01:35, and driven the said car at a speed of which it is impossible to identify the two-lanes from the Jeju Jeju Jeju Island to the westdo.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, the Defendant neglected to do so due to the influence of excessive drinking, which reaches 0.208% of blood alcohol level, and was driven by the victim D (Nam, 44 years old) who is driven by the injured party D (Nam, 5 years old) who was driven by the central line, due to the negligence, was driven by the Defendant as the front driver part of the passenger car.

As a result, while the Defendant was driving a motor vehicle under the influence of alcohol which is difficult to drive normally, the Defendant suffered injury, such as the right cage 8,9, and 10 cage cage cages that require approximately six weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police about D (Simplified traffic);

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, accident site photograph, etc., the state-employed driver's report on the situation of the driver, diagnosis certificate (Evidence No. 16) and investigation report (generally applicable);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment shall be limited to the sum of the long-term punishments stipulated in the crime resulting from death or injury caused by dangerous driving).

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