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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3815

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

On July 12, 2007, the Defendant was issued a summary order of KRW 3.5 million as a fine for a violation of road traffic law (drinking driving), and a fine of KRW 5 million as a fine for a violation of road traffic law (drinking driving) at the same court on July 6, 2012.

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On December 2, 2015, the Defendant driven the said car under the influence of alcohol content of 0.220% among blood transfusions on December 12, 2015, and led to the road of four-lanes in front of the Ansan Underground Road, which is located in the Nowon-gu, Nowon-gu, a member of Ansan-si, along with four-lanes from the dynamic-distance side to the underground roadway of the new road.

In the same direction, the driver had a duty of care to safely operate the steering staff by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, took the back part of the victim C(SM5) driving DM5 car in the atmosphere into the front part of the above AM5 car in order to make a right-hand turn from the front side by negligence while neglecting it, and due to this collision, the above SM5 passenger vehicle was pushed ahead of the victim E(50) driving.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as brain-proof sugar, which requires two-day medical treatment, and injury to the victim E, which requires two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. Each medical certificate E and C;

1. A traffic accident report;

1. A report on the occurrence of a traffic accident;

1. Measuring devices;

1. Notification of the results of regulating drinking driving;

1. A written inquiry about the results of regulating drinking driving;

1. A circumstantial report on a drinking driver;

1. To take photographs, such as the site;