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(영문) 수원지방법원 안산지원 2016.08.25 2016고단1965

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 sentence 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 May 27, 2016, the Defendant driven B SP car under the influence of alcohol content of about 0.117% from the 3km section from May 27, 2016, to the 75-dong 75-dong, Ansan-si, the Defendant was driving on the B SP car in the state of under the influence of alcohol content of about 0.17% from the 3km section.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaging in driving a motor vehicle B.

On May 27, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.117% in blood, while driving the said vehicle at around 05:57 on May 27, 2016, and driven the front distance of D in Ansan-si Member C at Ansan-si, and driven the three-lane road at the seat of D in the lower balance (main 7 complex) at the seat of D.

The Defendant, under the influence of alcohol, was unable to accurately operate the brakes, and thereby was placed on the right side from the left side of the Defendant’s running direction to the right side.

The upper part of the F T-Ra car driven by E is the left part of the Defendant’s driving vehicle, and due to the shock, the part on the left side of the Defendant’s driver’s vehicle driven by the Defendant G (35 years) of the victim G (35 years old) driving on the right side while the Defendant’s vehicle was pushed into the front part of the Defendant’s vehicle, and suffered injury, such as finite salt, which requires approximately two weeks of treatment, to the victim G.

As a result, the Defendant, in a situation where normal driving is difficult due to the influence of drinking, caused the injury to the damaged person by driving the above SP car.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;