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(영문) 수원지방법원 안산지원 2015.05.08 2015고단884

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

Reasons

Criminal facts

1. On January 24, 2015, at around 04:20, the Defendant driven a Grand City under the influence of alcohol content of approximately 0.145% from the 1189-8 B from the Do-Dong-dong 1189-8 to the 111th road of the same 1189-11.

2. The Defendant, while under the influence of alcohol content 0.145% at the above temporary border, driven the said car as a business, and led to turn to the left at a speed that cannot be seen from the king Sports Park at the right edge of the military school, at the front of 1189-11.

A driver of a motor vehicle has a duty of care to thoroughly operate the front-time, secure a sufficient safety distance, and operate the steering and brakes accurately.

Nevertheless, the Defendant was negligent in driving while neglecting to drive under the influence of alcohol due to the influence of alcohol, and received the victim C's right knee, knee, knee, knee from the Yangdong Sports Park to the Gun high school.

As a result, the Defendant suffered injury to the victim, such as knee knee knee fele fele felelela, which requires treatment for about five weeks due to such occupational negligence

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Place of measurement of drinking alcohol, report on detection of drinking drivers, and report on the circumstantial statement of drinking drivers;

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) 2 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 Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations such as the confession and reflective nature of the defendant, and the point agreed with the victim);

1. Article 62-2(1) of the Criminal Act for community service and order to attend lectures.