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(영문) 수원지방법원 안양지원 2013.04.09 2013고단193
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On January 17, 2013, at around 07:00, the Defendant driven the above cargo while under the influence of alcohol of 0.135%, and proceeded along one-lane between five-lanes in front of the old Hodong new engineer distance in the front of the safe safe operation during the safe operation of the vehicle. In such a case, the Defendant, who is engaged in driving of the vehicle, has a duty of care to live well in the front line and to accurately operate the steering direction and brakes, and to safely drive the vehicle.

Nevertheless, the Defendant obtained the part of the back-of-life vehicle of the victim C(35 years old) driver's Daren which was under the influence of traffic signal stop due to the above negligence while driving the vehicle as above, and led the Defendant to have the front-of-life part of the victim E(52 years old) driver's vehicle which was under the influence of driving, and the front-of-life vehicle was under the influence of the driver's vehicle, which was under the influence of the driver's vehicle, and was under the influence of the driver's vehicle, the latter part of the passenger's vehicle was under the influence of the driver's vehicle, and the latter part of the vehicle was under the influence of the driver's vehicle.

Ultimately, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, the Defendant suffered from the injury of the victim I (the victim, the passenger, and the passenger of the car in the car in the above 32 years of age) by negligence in the course of performing the above duties, such as fluoral salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of a traffic accident in C, E, and G;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the traffic accident report, the report on detection of a de facto driver, and the circumstantial report on a de facto driver;

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

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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