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(영문) 수원지방법원 2016.06.02 2016고단454

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in driving a high-priced car.

On October 30, 2015, the Defendant in an inaccurate state that is not clear about 05:20 on October 30, 2015, and the walking state is in a state that the body cannot be accumulated well while the body is in a state that is under the influence of 0.223% of alcohol during blood, such as clibing with snow, etc., so the Defendant was under the influence of under the influence of 0.223% of alcohol during blood, which makes it difficult for the Defendant to drive in a state that is difficult to drive in Gyeonggi-do, the two-lanes of the said vehicle in the direction of the clib in the direction of the front.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while accurately operating the steering side and the steering gear.

그럼에도 피의자는 위와 같은 주의의무를 게을리 한 채 위와 같이 정상적인 운전이 곤란한 상태에서 만연히 진행한 과실로 피고인 진행 방향 좌측에 설치되어 있는 중앙 분리대를 피고인 운행의 위 승용차의 좌측 앞 범퍼로 충격하고 우측으로 튕겨 지면서 피고인 운행의 위 승용차의 뒷 범퍼 부분으로 2 차로에서 차선에 따라 진행하던 피해자 D(21 세) 가 운전하는 E 아반 떼 승용차의 본네트와 앞 유리부분을 충격하였다.

Ultimately, the suspect, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, caused the above traffic accident and caused the victim to suffer bodily injury, such as cryp salt, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) shall drive a car with C low alcohol level at a level of about 5 km from the 5km to the road front of the shock tower located in the Young-gu, Suwon-si, Suwon-si, Gyeonggi-do, in the state of alcohol level of about 0.223% in blood while under the influence of alcohol level of about 5 km.