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(영문) 서울동부지방법원 2013.09.30 2013고단1934
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaging in driving a DSS5 car.

On March 17, 2013, the Defendant driven the said car while under the influence of alcohol at around 22:15, and proceeded three-lane roads in front of the bus stops outside the 382 main stop-dong and the bus stops in the middle direction of the agricultural and fishery products market.

A person who is engaged in driving of motor vehicles has a duty of care to safely drive motor vehicles, such as thorough operation of the front time and accurate operation of steering and brakes.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim E (the age of 43) who was in the atmosphere of the signal at the front of the vehicle that the Defendant driven by the Defendant following the Fbera crui-crin car, and was driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. On March 17, 2013, around 22:30, the Defendant injured the victim E (the 43 years of age) and the victim E (the 43 years of age) on the front of the 382-ro, Changdong-gu, Gyeonggi-si, and caused a traffic accident. On the other hand, the Defendant suffered injury to the victim, such as the right side, the right side, the right side, and the chrode, which require two weeks of treatment.

3. On March 17, 2013, from around 22:35 to around 23:10 on March 17, 2013, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 35 minutes, in the case where there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as drinking, drinking, snowing, and unstable walking, at the bus stops in front of the bus stops and the Gyeonggi-gu Police Station G boxes.

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