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(영문) 수원지방법원 2016.09.06 2016고단3212

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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. The defendant is a person who is engaged in the business of driving the Brophis dricking Vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

On May 23, 2016, the Defendant driven the above vehicle while under the influence of 0.208% of blood alcohol concentration around 21:30 on May 23, 2016, and proceeded with one lane of the fourth line road in the Dollet store in the ethic City C in the ethic City.

At this point, there is a center line of yellow-ray, so in this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while keeping the tea.

Nevertheless, under the influence of alcohol, the Defendant got the front part of the FK5 car of the victim E(the age of 23) driving in the direction of the traffic signal at one-lane in the front part of the Defendant’s vehicle when he was negligent in driving the center line, and continued to receive the front part of the HL car of the victim G(the age of 39) driving in the traffic signal waiting after the above K5 car.

Ultimately, the Defendant driving a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as light salt, etc. requiring a medical treatment for about three weeks, and injury to the victim G, such as light salt, tension, etc. requiring a medical treatment for about two weeks.

2. Around 21:30 on May 23, 2016, the Defendant driven a Brodi vehicle while under the influence of alcohol at approximately 0.208% of blood alcohol concentration in the section of approximately 700 meters from the front of the Big Market to the road of the Dromolet store located in the Brodi-dong, Grodi vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes;