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(영문) 수원지방법원 안양지원 2012.12.27 2012고단1339
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of TranXG in line with B.

On September 15, 2012, at around 00, the Defendant driven the said passenger vehicle with the alcohol content of 0.113% in a state where normal operation is difficult due to the influence of alcohol on September 21, 2012, and proceeded at a speed of about 40km per hour at the speed of about 40km from the right edge of the king Police Station in front of the Guangcheon-gu, Jincheon-do.

At all times, there was an intersection and a road where the defendant was running was a left-hand turn, so there was a duty of care to safely operate the vehicle by checking whether there is a vehicle stopping for left-hand turn by reducing the speed of the driver.

Nevertheless, the Defendant neglected to do so and neglected to wait for left-hand turn at the front side of the Defendant’s collision due to occupational negligence while driving, and received the part of the Defendant’s driver’s driver’s vehicle with D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered from the victim’s dynasium, tension, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution: Article 62(1) of the Criminal Act (it has no record of punishment of a fine or heavier punishment, reflects errors, and subscribe to a comprehensive insurance, etc.).

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