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(영문) 수원지방법원 2013.04.11 2013고단139
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 a BM5 car.

On October 08, 2012, the Defendant driven the said car under the influence of alcohol content of 0.176% on blood alcohol level 01:40%, and proceeded at a speed of about 40 km per hour from the surface of the lutoluene toluene toluene at a speed of about 40 km.

At all times, the signal lights are installed and at night at the time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the signal by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected his/her duty to drive normally due to the influence of drinking, while driving in a state where it is difficult for the Defendant to drive normally, and due to the negligence of the Defendant’s failure to do so, committed the part concerning the part concerning the back-hand part of the victim C(YY 52) who stops in the signal atmosphere at the front of the course of the collision.

Ultimately, the Defendant caused the victim to suffer injuries, such as salt, tension, etc., by negligence in the course of business as above, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

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 and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act of the suspended execution (such as the fact that there is no previous conviction against the defendant, and that the defendant deposited KRW 1,500,000 for the victim);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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