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(영문) 수원지방법원 성남지원 2013.11.07 2013고단1728
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around May 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) driven a B low-speed car with a blood alcohol concentration of 0.189% under the influence of alcohol around May 15, 2013, and led the Defendant to drive a one-lane in front of the Sceleban Eup in Gwangju City with a single-lane in front of the Sceleban-Eup in the Sceleban-Eup.

Since a place has a central line, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely according to the vehicle line.

Nevertheless, the Defendant, as a result of the influence of drinking, conflict with the front part of the Dunst Cargo Vehicle driven by the victim C (Nam, 68 years old) who was driven on the road adjacent to the said road by negligence over the center line while normal driving is difficult due to the influence of drinking, with the front part of the Defendant.

The Defendant suffered injury to the victim, such as a chest spelke, which requires approximately six weeks of medical treatment due to occupational negligence as above.

2. On November 28, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) at the Sungwon District Court's Sungnam branch on November 28, 2008, and was sentenced to a fine of three hundred and fifty thousand won for the same crime by the same court on December 6, 201.

The Defendant, while under the influence of alcohol concentration of 0.189% at the time and time stated in paragraph (1) above, driven a B low-speed car volume at the section of about 2 km from the implied restaurant located in the Mangro-Eup of Gwangju-si to the forest located in the same Eup/Myeon, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Registers of driver's licenses;

1. A medical certificate;

1. Division: An inquiry report and an investigation report (report attached to a summary order) shall be applicable to the Act and subordinate statutes;

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