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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3862

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

On April 8, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (drinking driving) in the support for the development of the place of water source, and was sentenced to a fine of KRW 4.5 million for a violation of the Road Traffic Act (drinking driving) on November 13, 2013 at the place of water source.

On September 30, 2015, the Defendant driven a body car into E in a state where it is difficult to drive in a normal condition due to an inaccurate, unbrupted, 0.173% alcohol concentration in blood on September 30, 2015, the Defendant driven the front road D, which was under influence of influence of 0.173% in the city of Ansan-si, Gyeonggi-si, Gyeonggi-do, and proceeded along two-lanes on the side of the police box for the month.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while looking at the right and right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to drive a roadside while driving it on the right side of the road due to negligence and shocked the street trees that were deep on the right side of the road into the front part of the vehicle.

As a result, the Defendant suffered injury such as salt, tension, etc. from the victim F (at the age of 44) who was on a car driving by the Defendant while driving a car in a state where normal driving is difficult due to influence of drinking, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. A traffic accident report;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the results of regulating the driving of drinking alcohol and a record of measuring drinking alcohol;

1. A medical certificate;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.