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(영문) 수원지방법원 안양지원 2017.05.23 2017고단381

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. On February 22, 2017, the Defendant, in violation of the Road Traffic Act, driven a D-hurbed vehicle with alcohol concentration of about 0.114% in a section of about 300 meters from the day front of the Hanyang Industrial High School, Syang-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, the Hanyang Industrial High School C, located in the same Gu B, to the road, and driven a D-hurbed vehicle with alcohol concentration of about 28 meters.

2. On February 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was driving the D-to-purd motor vehicle under the influence of alcohol level of 0.114% during blood while drunk-si B around Manyang-si, Syang-si, and continued to drive the D- to-purd motor vehicle at an irregular speed in the direction of public announcement of inside.

Since the place is a narrow alley, in such a case, there was a duty of care to properly manipulate the steering direction and operation of the steering system while living well in the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the steering and steering system under the influence of alcohol, and caused the Defendant’s failure to take the victim E (30) to the right-hand side of the driving direction, and brought the FD's top top part of the parking vehicle, which was parked, into the front part of the Defendant’s passenger car operation.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.