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(영문) 수원지방법원 안산지원 2013.05.21 2013고단562

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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. On February 19, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was unable to drive normally under the influence of alcohol of 0.210% on blood alcohol concentration on the 15:45, and, at the same time, the Defendant was driving a B-hurt Motor Vehicle at a speed of about 20 kilometers per hour from the 1015-11 on the 19th of the 10th of the 10th of the 10th of the 10th of the 20th of the 10th of the 196th of the

At a place where no center line is installed, a person driving a motor vehicle has a duty of care to drive the motor vehicle on the right side of the road, but the defendant neglected to do so while driving the motor vehicle, and the defendant was faced with the front part of the victim C driver who discovered and stopped the motor vehicle in accordance with the direction of the defendant driving.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as crypitis which requires approximately two weeks medical treatment, to the victim C.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant in the state of being drunk with 0.210% of the blood alcohol concentration at approximately 50 meters from the 1015-11 of the same 10th place at the Jeju Jeju Jeju Jeju Jeju Island located in 1019-7 of the same 10th day from the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island to the 101st day of the same 101.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. A traffic accident report (1) (2);

1. An accident-related photograph;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.