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(영문) 수원지방법원 안양지원 2015.09.30 2015고단1019

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:45 on April 17, 2015, the Defendant was driving a vehicle from the vicinity of Manyang-gu, Manyang-si to the same Gu D with a blood alcohol concentration of about 600 meters, while under the influence of alcohol by 0.161%, the Defendant was under the influence of alcohol.

2. On April 17, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a E-Wood Motor Vehicle while under the influence of alcohol, as described in paragraph (1) of the same Article, led the Defendant to drive the E-Wood Motor Vehicle along the two-lanes of the two-lanes in front of the “F cafeteria” road located in the Mayang-gu, Mayang-gu, Mayang-si,

In such cases, a person engaged in driving service of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side and the steering system, and by accurately manipulating the steering direction and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, went away from a motor vehicle driven along the motor vehicle driven by the victim G (Nam, 53 years old) who stops on a three-lane due to the negligence of leaving the motor vehicle driven by the victim G (Seoul, 53 years old). The Defendant was placed in front of the right part of the motor vehicle of the Defendant.

As a result, the Defendant was at risk driving in a state where normal driving is difficult due to a drinking-free port, resulting in the victim's injury, such as light fluoral salt, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared G;

1. Notification of the control of 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution;