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(영문) 수원지방법원 2016.08.25 2016고단2777

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving of a motor vehicle with B-to-purd motor vehicle.

On April 26, 2016, the Defendant driven the said car under the influence of alcohol level of 0.198% among blood transfusions around 22:00, while driving the said car, and driving it in front of the new or unemployed distance in the air through the Young-gu through the Young-gu through the Young-gu through Suwon-si, the Defendant continued directly by using the two-lanes towards the area heating construction on the side of the front direction.

Since the location is a intersection where signal lights are installed on the front side, the defendant, who is engaged in the driving of a motor vehicle, has a duty of care to take the progress of the preceding vehicle well and to safely proceed in accordance with signals such as signal while maintaining a safe distance.

Nevertheless, the Defendant neglected to perform his duty at the front time while driving a motor vehicle in a situation where it is impossible to drive the motor vehicle normally as seen above and caused the injury to the victim E (the victim E (the victim C(37 years old) who was stopped to wait for the signal signal at the front of the driving direction by taking part of the back of the Ding consortium which was driven by the victim C(the victim C) who was parked to drive a motor vehicle in order to wait for the signal at the front of the driving direction, such as salt and tension for about two weeks of damage, and the victim E (the victim E(the victim E) who was on the part of the damaged motor vehicle, suffered from the injury, such as catitis for two weeks of treatment.

2. On April 26, 2016, the Defendant: (a) driven a motor vehicle with alcohol content of at least 0.198% in the state of alcohol while under the influence of alcohol, from the front of the 8-dong, Young-gu, Young-gu, Young-gu, Dong-gu, Dong-dong, to the road in front of the same new or the private street, at around 22:00 to the road in front of the same age.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the detection of a primary driver;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.