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(영문) 수원지방법원 2013.08.14 2013고단2288
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

On November 2, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 2, 2007, and a fine of three million won for a violation of the Road Traffic Act (driving) at the same court on December 3, 2010.

The defendant is a person who is engaged in driving a KS7 car.

On May 10, 2013, at around 23:05, the Defendant driven the said vehicle at a speed of about 40 km per hour in the direction of the first parallel in the direction of the parallel parallel in the direction of the two-lane safety in front of the parallel in which the operation of the vehicle is difficult due to alcohol of 0.147% of the blood alcohol concentration of the Defendant.

At the same time, the car of the victim C(30 years of age) and the car of the Flusium driven by E was waiting for a signal at that time. In such a case, the driver had a duty of care to see the front bank well and to prevent the accident by accurately manipulating the brake system.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 운전이 곤란한 상태에서 제동 장치를 조작하지 아니하고 그대로 운전한 과실로 피고인의 전방에 정차하고 있던 위 오토바이 뒷부분을 위 K7 승용차의 앞 범퍼 부분으로 들이받고, 위 오토바이가 그 충격으로 튕겨 위 오토바이의 앞바퀴 부분으로 위 투스카니 승용차 뒤 범퍼를 들이받게 하였다.

As a result, the Defendant suffered the victim’s blood species from the right side which requires approximately three weeks of treatment due to occupational negligence while driving under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Statement of police statement of C and E;

1. A criminal investigation report (receiving a written diagnosis and written estimate for a victim);

1. Previouss before ruling: Criminal records, and the application of the law of replys to inquiries.

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