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(영문) 수원지방법원 2013.11.19 2013고단4615
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 Bsch Rexton car.

1. Around August 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car and proceeded with approximately 20 KKm per hour on the side on which he was replaced by driving the car and driving it on the front side of the Gu Yu-dong in Sinsan-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, have a duty of care to safely drive a motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation well, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant neglected this and neglected to drive normally under the influence of alcohol (0.189% of blood alcohol concentration) and failed to operate the DES300 bents which the injured party C (30 years of age) driven in front of the signal at the time of the traffic, and failed to operate the remaining bent system by finding it late later, and the Defendant received a part behind the benton car, which led to the above benz’s accident, and led the above benz to become a part of the front of the said benz’s car.

As a result, the Defendant suffered injury to the victim C, such as fluoral salt, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a Defendant’s Bschton car under the influence of alcohol 0.189% in blood alcohol concentration from the Kart parking lot in the above temporary border to the area near the Gu and west-dong in the Seocho-si, Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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