beta
(영문) 수원지방법원 평택지원 2018.08.16 2018고단482

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the driving of cushion motor vehicles B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 5, 2018, around 03:05, the Defendant driven the foregoing vehicle from 3:4 m. to 4 m. to 16 m. m., from the 3rd m., Pyeongtaek-si, and continued to run the m. m. m. from the shooting distance of the library of Gyeonggi-do.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to safely drive a motor vehicle by checking the front side, the left, and the left well.

Nevertheless, the Defendant rhythm of the horses, while driving a motor vehicle normally due to influence of alcohol such as a string distance, neglected to do so while leaving the front, and did not keep the front door properly and followed the direction of the victim C(58 S) who was standing in the signal waiting at the front of the motor vehicle.

Ultimately, the Defendant suffered from the injury of the victim E (the victim C and the victim E (the 49 arch, female) who was a passenger of the said rocketing motor vehicle by the foregoing occupational negligence, for approximately two weeks of treatment.

2. On March 5, 2018, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as the following police officers: (a) on the places indicated in the preceding port at around 03:05 on March 5, 2018; (b) after causing a traffic accident; and (c) on the said site of the traffic accident, he/she smelled the Defendant from the police officers, such as G police boxes of the Pyeongtaek-gu Police Station, who called at the scene of the traffic accident; (b) he/she snickly snicked

In spite of the fact that there is a reasonable reason to determine a person, the person has been requested to respond to the measurement of drinking for about 30 minutes by inserting the breath of the drinking measuring instrument into the breath of the breath.