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(영문) 수원지방법원 평택지원 2013.10.31 2013고단1177
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car;

On July 26, 2013, at around 07:50, the Defendant driven the said car with a alcohol concentration of 0.23% 0.23%, and led the two-lane road in front of the chamber of commerce and industry located in Pyeongtaek-si, Pyeongtaek-si, to proceed at a speed of about 30km per hour, depending on two-lanes towards the inside of the court distance.

At this point, there is an intersection where signal lights are installed in the front, so in such a case, the driver has a duty of care to ensure sufficient distance between the former and the latter, and to prevent the occurrence of a traffic accident by keeping the front and right and the right and the right and the right of the latter well.

Nevertheless, the Defendant neglected to drive a car in a situation where normal driving is difficult due to the above influence of alcohol and by negligence, found the DNA set-type car driven by the victim C (the age of 28) who was waiting in the signal at the front of the road at a late time, and operated it to avoid this. However, the Defendant did not avoid it and was faced with the victim’s back part of the passenger vehicle at the front of the passenger vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act and the Road Traffic Act (Free Driver’s License) were operated by the Defendant at a section of approximately 100 meters from the street wing in front of the world in which Pyeongtaek-si was located at the above temporary border to the street in front of the chamber of commerce and industry located in the same location without obtaining a driver’s license, while under the influence of alcohol 0.23.3% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. Registers of driver's licenses;

1. A survey report on the actual condition and a medical certificate;

1. On-site photographs statutes;

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