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(영문) 수원지방법원 여주지원 2013.04.08 2013고단130
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 Dangerous Driving) is a person who is engaged in driving freight cars in freezing B;

On December 2, 2012, at around 02:30, the Defendant driven the said cargo in a state where normal driving is difficult due to the influence of alcohol that reaches 0.182% of blood alcohol concentration, and led the said cargo to proceed in the direction of Gwangju in the direction of this thousandth direction while driving the said cargo in a state where normal driving is difficult due to the influence of alcohol.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so as not to be able to safely drive the motor vehicle, by sufficiently keeping the safety distance with the motor vehicle ahead of it.

Nevertheless, under the influence of alcohol, the Defendant found DNA-learning car driven by the victim C(the age of 46) waiting in accordance with the vehicle stop signal prior to the direction of the driving, and found it late, and caused the back part of the above cargo vehicle to be the front part of the above cargo vehicle due to occupational negligence, which was not operated by the U.S., and led the victim E(the age of 48) waiting in line with the vehicle stop signal to shock in order.

As a result, while driving under the influence of alcohol, the Defendant suffered injury to the victim C, such as culp salt, which requires approximately three weeks of medical treatment, due to the foregoing negligence, and injury to the victim G, who is a passenger of the victim E and the above Aburd-purged vehicle, for about two weeks of medical treatment.

2. On the date and time stipulated in paragraph (1) of the Road Traffic Act, the Defendant violated the Road Traffic Act (driving) in a section of about 3 km from 0.182 meters to 3km from 0.18% of the blood alcohol concentration.

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