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(영문) 수원지방법원 2016.07.06 2016고단2575

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a car in the B SP.

On April 28, 2016, the Defendant driven the said car under the influence of alcohol content of 0.167% in blood at around 23:20, while driving the car at around 0.167% in the influence of alcohol, and continued to proceed to the front of the shooting distance in front of the shooting distance in the front of the ebbbb in the front of the ebs of the ebspon in the front of the ebsp. In the event of a ebsption, the Defendant was in a state that it was difficult for the Defendant at the time to drive the car normally, such as the eb

In addition, since it was at night and at the same time an intersection, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the motor vehicle driver.

Nevertheless, the Defendant neglected to perform sobriage and neglected to proceed in violation of the intersection signal as it is, and neglected to do so, followed by the Defendant’s front part of the Defendant’s vehicle in front of the Defendant’s vehicle driving the DM5 passenger vehicle driven by the victim C (23C) (SM5) who was in a straight line from the horizontal gate to the water source under normal signals.

Ultimately, the Defendant, while driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to drinking, caused a traffic accident, and the Defendant suffered bodily injury, such as the mouth and the mouth of the shoulder, which requires approximately six weeks of medical treatment.

2. On April 28, 2016, the Defendant: (a) driven the said car at a distance of approximately KRW 500 meters from the ocean marina in front of the sea in front of the ocean in front of the fright and in front of the launching distance in front of the same Eup, in the condition of alcohol concentration of 0.167% while under the influence of alcohol during blood at around 23:20 on April 28, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Each written diagnosis shall be subject to the law.